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  #1  
Old 02-10-2013, 05:16 PM
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MountainMommy MountainMommy is offline
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Who is considered party to a case? Who can become party to a case?

I assume bio mother and father are usually party to a case. Or, in my girl's case, only the bio mother is party to the case since bio dad has never been in the picture. So, can grandparents become party to the case if they live with bio mom? Can a new husband become party to the case if they got married after the kids were in care?

Just wanted some clarification. Thanks!
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6/25/12- Initial inquiry into adoption
10/11/12 Officially on the list

12/2012 Got the call for twin girls, age three
8/2013 Got the call for a boy, age 15 months

Currently on the list for a girl, 0-6, any race


1 bio
08/2013-present- Adopted 4/2014

Not in our home, but in our hearts - Twin A and B, age five 12/12-11/13
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  #2  
Old 02-10-2013, 06:09 PM
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Where I am, the state/DCF care provider is a party to the case, the GAL program is a party to the case, and each of the biological parents are a party to the case.

Here, I believe anyone "with an interest" in the case can file a motion to intervene (ie, become a party to the case). The judge can either grant or deny the motion.

I don't know how much this varies from state-to-state.
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  #3  
Old 02-10-2013, 07:03 PM
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Ooh, that's interesting. So, if new "dad" or say, the FP wanted to become party to the case they could be?
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6/25/12- Initial inquiry into adoption
10/11/12 Officially on the list

12/2012 Got the call for twin girls, age three
8/2013 Got the call for a boy, age 15 months

Currently on the list for a girl, 0-6, any race


1 bio
08/2013-present- Adopted 4/2014

Not in our home, but in our hearts - Twin A and B, age five 12/12-11/13
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  #4  
Old 02-10-2013, 07:46 PM
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LemonPie LemonPie is offline
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Technically, yes.

But do keep in mind that the lawyers of the current parties will be able to argue for or against and the judge will either grant or deny -- granting party status is not a given.
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  #5  
Old 02-10-2013, 07:56 PM
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HopingForForever HopingForForever is offline
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Some states only allow foster parents to become a party after having the child for 6 months or a year. Some states (like IL and MA, I believe) don't allow it at all. If Lala's case ends up with a 6 month extension at the permanency hearing that's happening soon, we will be intervening to become a party to the case.
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Attended Orientation in 2009
Started the process rolling to become licensed foster parents hoping to adopt August 2010
License Received February 2011
4 bios, 1 adopted

#1, 3 days, Sept'11-Dec'11 (adopted by kin)
#2, 3 weeks, Mar'12 (RU to dad, then to mom)
#3, 4 days, Mar'12-Apr'12 (kinship, RU to dad, then mom)
#4, 10 months, Jun'12-Jul'12 (kinship, then RU w/mom)
#5, 3 days, Aug'12-FOREVER (adopted by us Nov'13)
#6, 3 years, Feb'14-Mar'14 (RU to parents)
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  #6  
Old 02-11-2013, 12:03 AM
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What are benefits to becoming party to the case?
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6/25/12- Initial inquiry into adoption
10/11/12 Officially on the list

12/2012 Got the call for twin girls, age three
8/2013 Got the call for a boy, age 15 months

Currently on the list for a girl, 0-6, any race


1 bio
08/2013-present- Adopted 4/2014

Not in our home, but in our hearts - Twin A and B, age five 12/12-11/13
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  #7  
Old 02-11-2013, 12:26 AM
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Loving4ward Loving4ward is offline
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Being a party gives you full access to all the court records, notice for everything and the ability to be represented fully in court. We are a party to Peanut's case and we can file motions, cross examine witnesses, etc.
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  #8  
Old 02-11-2013, 02:50 AM
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LemonPie LemonPie is offline
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Quote:
Originally Posted by HopingForForever
Some states only allow foster parents to become a party after having the child for 6 months or a year.

Where I am, while I don't think there are any statutes on when an FP can become a party to the case, I find it difficult to believe that a motion to intervene would be granted before the kiddos had been in care for nine months (normally, that's the earliest they'll consider TPR).
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  #9  
Old 02-11-2013, 08:53 AM
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Hmm, all good things to consider. I mostly wondered about new "dad" asking to become party to the case but it's good to know about my own status as well. I'm very nervous about the next visits and if this man will be introduced as "dad." These kids are so confused as it is.
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6/25/12- Initial inquiry into adoption
10/11/12 Officially on the list

12/2012 Got the call for twin girls, age three
8/2013 Got the call for a boy, age 15 months

Currently on the list for a girl, 0-6, any race


1 bio
08/2013-present- Adopted 4/2014

Not in our home, but in our hearts - Twin A and B, age five 12/12-11/13
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  #10  
Old 02-11-2013, 09:46 AM
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They will add dad if they figure out who he is. On our cases they just put "unknown father" as a party.

Grandparents can be added easily if the judge feels that they are a viable option. We filed a motion to intervene after termination. Here it's only 3 months before you can file that motion, but there probably isn't much you can do anyway that early on.
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  #11  
Old 02-11-2013, 10:37 AM
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HopingForForever HopingForForever is offline
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Quote:
Originally Posted by LemonPie
Where I am, while I don't think there are any statutes on when an FP can become a party to the case, I find it difficult to believe that a motion to intervene would be granted before the kiddos had been in care for nine months (normally, that's the earliest they'll consider TPR).

I agree. I believe there aren't any official statues here either, but it is pretty much my understanding that it is 6 months here because we have a 6 month permanency law. So it's either RU, TPR or 6 month extensions at that point in the case because there is always a permanency hearing after 6 months in care. There has to be a lot of progress made by parents to get a 6 month extension and they have to clearly be on the path to RU. Unless there's some technicality which I'm praying doesn't end up factoring in to our case.
__________________
Attended Orientation in 2009
Started the process rolling to become licensed foster parents hoping to adopt August 2010
License Received February 2011
4 bios, 1 adopted

#1, 3 days, Sept'11-Dec'11 (adopted by kin)
#2, 3 weeks, Mar'12 (RU to dad, then to mom)
#3, 4 days, Mar'12-Apr'12 (kinship, RU to dad, then mom)
#4, 10 months, Jun'12-Jul'12 (kinship, then RU w/mom)
#5, 3 days, Aug'12-FOREVER (adopted by us Nov'13)
#6, 3 years, Feb'14-Mar'14 (RU to parents)

Last edited by HopingForForever : 02-11-2013 at 10:41 AM.
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  #12  
Old 02-11-2013, 11:37 AM
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MountainMommy MountainMommy is offline
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No, I didn't mean bio dad. They know who he is. I meant bio mother's new husband.
__________________
6/25/12- Initial inquiry into adoption
10/11/12 Officially on the list

12/2012 Got the call for twin girls, age three
8/2013 Got the call for a boy, age 15 months

Currently on the list for a girl, 0-6, any race


1 bio
08/2013-present- Adopted 4/2014

Not in our home, but in our hearts - Twin A and B, age five 12/12-11/13
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  #13  
Old 02-11-2013, 11:58 AM
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HopingForForever HopingForForever is offline
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Even if "new dad" was awarded party status (if they're married now, likely it would be granted), I don't think much would change for you especially since he's not exactly a stellar citizen.
__________________
Attended Orientation in 2009
Started the process rolling to become licensed foster parents hoping to adopt August 2010
License Received February 2011
4 bios, 1 adopted

#1, 3 days, Sept'11-Dec'11 (adopted by kin)
#2, 3 weeks, Mar'12 (RU to dad, then to mom)
#3, 4 days, Mar'12-Apr'12 (kinship, RU to dad, then mom)
#4, 10 months, Jun'12-Jul'12 (kinship, then RU w/mom)
#5, 3 days, Aug'12-FOREVER (adopted by us Nov'13)
#6, 3 years, Feb'14-Mar'14 (RU to parents)
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