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The papers.... Finally

laughterandtears's picture

Hi Everyone! I'm caught between excitement and fear here! We got the court papers today. By email. I'm going to post the email from the attorney:

Hey there – here’s the agreed order – BM has signed it – if it looks good to you and you return the fourth and fifth page signed it will be done. If you have any suggestions for corrections just let me know and I will ask BM if she’s good with them too and we can make changes if you two can agree on them.

Also – I know you are wanting Laughter to adopt SS9 and SS9. I can’t specifically put that into the Order – it’s the same as saying “I hereby give up my rights to my child” – and that’s legally unenforceable and a judge will not sign off on it (it’s akin to making an illegal contract). However, BM agrees she will not object to the adoption, and once a parent hasn’t either paid support or visited with a child for a year you can apply for an adoption. BM will agree to the adoption.

She also though wants to make sure that you will allow SD3 to be adopted if and when she ever finds someone suitable to do so. She currently is not in that position so that is nothing you all will be facing at anytime in the near future. I told her that you two had told me that was alright with you, as long as she did not object to Laughter adopting the boys. That is however an informal agreement you can only enforce between the two of you – no court can make you stick to that bargain.

Take care and hopefully this will all be over soon. Once the Order is agreed to by everyone and signed off on – I can have it filed the next day. Take care.
Attorney

Okay, so the last line was a hint to us. Attorney never liked BM.
The court papers give DH full custody of SS's and no visitation of SD and BM full custody of SD and no visitation of SS's. Both parties are to be held responsible for all past and future costs of SK's.

Now, don't worry about what you have read. Everything is not what it seems and for those of you on myspace, send me a message and I will tell you why.

My, er DH's, Wink response to the email was:

Hi Attorney,

There are 3 points that we are concerned with. The first point is where the order states that Respondent shall be responsible for all past and future costs associated with the minor children SS9 and SS8. I do not agree to being responsible for all past costs as I am sure BM will find some way to extract money from me. I would agree to being responsible from the date the judge signs and beyond. Also, SS8 Birthday is ABCD 00,1999, please make that change.

Secondly, I would like a signed and notarized statement from BM agreeing not to object to the adoption. We will also need a point of contact for her to sign the adoption papers.

Thirdly, we would like to revise the papers giving both Laughter and I custody, as Laughter is going to adopt them, I see no reason why BM should disagree.

We would like this done quickly and are not trying to delay the process, so we are asking that only these few things be changed. As soon as they are, and BM agrees to them, we will sign as well. Thank you for your time. I know this has been a trying case for you, but we appreciate all you have done.

DH

So, what do you think? Sound good? Now you can see why I'm tettering on the edge of fear here, we may lose the ground we have gained, but this has to be excuted right, or we could lose more.

Comments

goingcrazy's picture

Sounds like you are getting somewhere. Congrats on being able to adopt. I have been so out of the loop that I have not followed entirely. Have a couple questions, so I am gonna hit you u on MySpace. Glad you get to post a little good news!!!

laughterandtears's picture

Are you excited about tomorrow? You and Jay are in my prayers!

~THE EXERCISE THAT REALLY CHANGES YOUR LIFE IS WALKING DOWN THE AISLE~

OldTimer's picture

I don't know... I can see how exciting that is, and how scary that is too! But mostly, it's exciting.

Wink StepMom

Man has the intelligence to change his life,
Sometimes, he just fails to use it...

laughterandtears's picture

That's partly why I'm still awake at 2:30 in the morning. You know how it goes, when you are about to embark on a life altering journey, things get a little topsy turvy!

~THE EXERCISE THAT REALLY CHANGES YOUR LIFE IS WALKING DOWN THE AISLE~

Anne 8102's picture

I don't think you're going to be able to add your name to the custody papers because you weren't a party to the divorce and/or original custody order. For instance, if there's a divorce, the divorce is between two people and only two people. Same way with custody issues. The two respondents are always going to be the two biological parents, because legally, only those two people have any legal claim to the children. Leave it as-is, then have hubby draw up guardianship papers so that you have legal guardianship of the children, as well as he.

The statement agreeing to adoption... I wouldn't chance pissing her off by asking for this. Unless you can get her to sign an actual contract, I don't see how this statement would benefit you, because I don't think you could use it to force her to agree to an eventual adoption. I think the best bet is to get the adoption papers drawn up and have her sign THOSE. Even if you still have to wait a year, the waiting will just be a formality... you'll already have the signed papers. And if you can't find her to get her to sign the papers, what you can do is post it in the newspaper at her last known residence for a period of time and that will be enough to satisfy the courts that she has been notified and agrees in absentia.

When I got divorced, in our custody agreement there was a statement that said he agreed to waive all parental rights and further agreed to the adoption of the child by a future stepparent. I don't see any reason why she can't waive her rights and agree to an adoption in this paperwork, just like my ex-husband did.

~ Anne ~

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laughterandtears's picture

I figured I would probably get a no on the adding my name to the papers, but it was worth a shot. The biggest part I am concerned with is the past expenses. We have already spent so much in child support, even while we had the kids, and her claiming TANF, that I fear she may have something else up her sleeve.

I like the newspaper idea, that will be what we do if we have to.

As for waiving parental rights, the attorney says that in Oklahoma, youcannot do that unless and until the child is being adopted or the courts terminate. I will check more into that. I've looked but can't find anyway to get her to waive her rights legally.

~THE EXERCISE THAT REALLY CHANGES YOUR LIFE IS WALKING DOWN THE AISLE~