Update on our foster son's case

Thursday, February 6, 2014

Hi Everyone,

I wanted to share the latest development with what all happened at the parental termination trial for our foster son today.  First though, I want to thank you all so much for all your sweet prayers and all those who have reached out to encourage and comfort us during this difficult time.  We have been truly humbled by the outpouring of love we've received via emails, text messages, phone calls, Facebook messages, blog messages, Instagram posts, etc.  My mom called last night and we chatted for a long time after I had put the kids to bed.  She shared on her Facebook page yesterday the blog post I wrote about our struggles with fighting to keep baby boy. She then proceeded to read to me (since I'm not on Facebook and can't see these comments) every single message that was left on her Facebook page for us.  Sweet friends who left the most tender and thoughtful messages to uplift us and comfort us during this awful time.  The tears flowed freely and my heart swelled with such gratitude as I listened to her read every single one.  She and I both wept for a bit about how wonderful it is to know that so many people are praying for this sweet and precious boy of ours.  I hope to be able to share with him someday when he's older how many people were pulling together with us in sincere prayer for his well being.  Truly amazing and such a testimony to me of how there is still goodness and love in this world--and that great things can happen when we unite in prayer. 

Now back to the foster-to-adopt proceedings in court today.  Things went as well as can be expected I guess you could say--- the judge overruled the mother and father’s court-appointed attorney’s objections to our plea in intervention and found that they had waived certain arguments because they were made untimely. The judge would not move forward on parental termination because of the state’s mistakes (due process was not achieved because of state’s procedural mistakes--see my previous blog post here where I go into detail about these mistakes). The judge began the actual trial today to determine if he will give the state of Texas Permanent Managing Conservatorship (PMC) or whether he will grant this to us.  

As you can imagine, we are still frustrated that the state will not just agree to grant to us PMC because if this is granted to the state instead of us---that means baby boy's case will probably be tied up for years and there are no guarantees that the state will not take him from us at a later date. 

A PMC grant to us means we can refile in district court and move forward with parental right termination and finalize our adoption of him (most likely just a 3-6 month process)

And so today, the judge started the trial.  Baby boy's CPS case worker was the first witness to take the stand. The state put on testimony of the birth mother’s failure to show responsibility to regain custody. The case worker was cross examined by the birth mother’s court appointed attorney and then the judge recessed the case until February 14th. The court’s jurisdiction has been extended because he started the trial which is great news for us that it's not being transferred to a new court and judge where we'd essentially just have to start this whole process over again.   The judge had a full docket today of other cases, but has set aside Feb. 14 for the whole day to hopefully finish our case. 

 Looks like we will have an answer on Valentines Day!  

Thank you so much again for all your support and prayers...they have helped us so much and what a comfort it is to know that we have so many people praying for our little family at this time.  


8 comments:

  1. Continuing to pray Jennifer. Not sure why, but when I read the date of the next court hearing...I got a huge lump in my throat and then just felt a peace come over me. God surely has a hand in all of this!!

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    1. Thank you sweet friend...all we can do at this point is pray hard.

      much love,
      jenn

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    1. Thanks, April...I know you all too well how difficult and emotionally draining all of this can be. so thankful for your friendship and prayers!

      love,
      jenn

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  3. until you, jody, noah, taylor and baby boy are sealed in temple, i will not stop praying for you.

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    1. Oh V...thank you sweet friend! We keep praying for that blessing to come to fruition. What a sweet day that would be for our family.

      love,
      jenn

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  4. I was kind of dreading your words as I was reading...not knowing what the outcome was gonna be. Though it's not as plain and simple as it should have been I'm so glad to read about the good things...like the judge getting to stay with the case! Praying it all plays out like we know it should. Baby boy has been HOME all this time...no reason for that to change!

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    1. Thanks, Luanne...your prayers mean so much. We're just going to keep praying this will end in our favor after next Thursday.

      xo,
      jenn

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