If your adoption petition is contested, or challenged, by a legal parent, then the probate court has the option to transfer the case to the juvenile court. Many probate courts do this simply on the basis of expediency.
As soon as the adoption is transferred to the juvenile court, the court is required to set a “contested hearing.” The main issues the court must decided are whether a valid consent (express or implied) has been given by a legal parent, and whether adoption serves the best interest of the adoptee.
That’s pretty simple, but this framework needs to be raised to the juvenile court at the very outset. For understandable reasons, the natural inclination of some juvenile court judges is to bifurcate the consent portion from the best interest portion. Not only is this less efficient, it places the final adoption decision at unnecessary risk on appeal.
It’s also important to keep in mind one important change under the new adoption code: The entry of a final judgment denying a contest terminates the status of the contestant as a party to the adoption proceedings and terminates the contestant’s right to notice of further adoption proceedings.
Another facet of the contested adoption to keep in mind is mandatory reimbursement of fees by a losing contestant: “Upon denial of a contest, the court, unless just cause is shown otherwise by the contestant, shall issue an order for reimbursement to the petitioner or petitioners of the legal costs incurred by each petitioner incidental to the contest.”
Don’t hesitate to reach out to one of our attorneys for help or clarification.
Can Foster Parents Be Awarded Visitation After Removal