What are the pros/cons of relative adoption vs. permanent managing conservatorship?
From Tx and involved in CPS case with cousin's 3rd child placed w/ myself and husband (@2 weeks old now 9m old). Very unlikely to return to either parent. No experience in this area, mother proposed PMC. Going to mediation next to see what she is looking for. Stated permanancy goal is relative adoption, concurrent goal is unknown. Father has just now @ 9m later asked for paternity test, family pushing for visitations I think (dont fully know what this changes). Which is best? There was a jury trial to remove mother and father's right set for Sep4-9 but told may be changed to just a trial and pushed but until we decide yes or no on the PMC. Concerned that mother will attempt to get custody down the road from the only family child has known. Thoughts and advice appreciated!
Thanks!
I agree with Mr. Paxton that the question of what is the best course will depend on you and your own judgment. If I can add to his response, however, it seems that the mother's offer of PMC is in the hope of either regaining custody from you sometime in the future or preserving her ability to remain in her child's life with visitation. I cannot interpret the meaning of the father's request for paternity testing other than as a desire to know if the baby is truly his, and without knowing more about the reasons the baby was removed from the parents, I cannot speculate about the likelihood that their parental rights would be terminated at trial. Assuming that termination is the most likely outcome at trial, and if your goal is to become parents to the baby and to be allowed to raise this child free from the interference of natural parents with problems and agendas of their own, adoption is the better course. However, since you mention that the baby is your cousin's child, there will always be extended family in the picture and even if you were to adopt rather than simply have PMC, you might still have the issue of the natural mother coming around the baby. You don't mention whether you have retained an attorney to represent you, but I encourage you to at least consult with a family lawyer in your area to assist you in evaluating your options. I wish you the best.
It is a wonderful thing that this baby has you in her life. I know that emotionally your relationship with this child will be the same regardless of whether you are PMC or Adoptive Parent. But, legally the relationship involve different duties. A lawyer cannot answer the question "Which is best?" For one thing the question implies a perspective. Which is best for the child? Which is best for the you? Which is best for the natural mother? But, speaking in general the adoptive parent acquires all of the rights and duties of a natural parent. A PMC only acquires the rights and duties that are specifically given in the court order and those are never as complete as those of an adoptive parent. As long as the natural parents "parental rights" have not been terminated then they retain the potential for gaining control over the child including custody. All they have to demonstrate is a substantial change in circumstances (theirs or the child's) and they are given an automatic preference. I wish you and this child the best.
DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.