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Adoption Terms Violated

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Proserpina

Senior Member
Maybe the wording I used earlier was incorrect. All I meant by "in the care of the state" was that she was supposed to be on state insurance (medicaid). Then the child was required to be in foster care for a two week peroid before the adoptive parents took custody. (That is because of some MN adoption law)

Ah!

In that case, my original answer still stands. GF will need to pay the bill (or have Medicaid join in the fun and try and get them to pay retroactively for the period she should have been covered - that way GF is responsible only for the out of pocket stuff) and then sue Parents.

Phew.

(fyi, she wasn't in the care of the state, nor a ward of court, nor a ward of the state etc. She had MN medicaid - that's all :) )
 


mcale

Junior Member
Very very sorry for the hangup on my wording there. Legal terms are a foreign language to me. Thanks for hanging in there and talking through it with me.

As you can imagine this isnt the answer I was looking for but I really appreciate all you time and help with the questions here.

Wish you all a happy and healthy holiday season.
 

Proserpina

Senior Member
Very very sorry for the hangup on my wording there. Legal terms are a foreign language to me. Thanks for hanging in there and talking through it with me.

As you can imagine this isnt the answer I was looking for but I really appreciate all you time and help with the questions here.

Wish you all a happy and healthy holiday season.

And thank you for being gracious with us - it did seem to get a tad confusing there!

Seasons greetings too.

And..actually, by all means have your girlfriend at least consult with an attorney - it shouldn't cost much for a first meeting and perhaps she can find out something we've missed or haven't considered. Attorney will need to be in MN though.
 

mcale

Junior Member
Hello everyone, this is "the girlfriend", I just got home from work.

Thank you everyone for your advice, I really appreciate it.

As for the MN attorney, my medicaid was under the state of Wisconsin. Does that change anything?
 

Proserpina

Senior Member
Hello everyone, this is "the girlfriend", I just got home from work.

Thank you everyone for your advice, I really appreciate it.

As for the MN attorney, my medicaid was under the state of Wisconsin. Does that change anything?

How did that work? :confused: Baby was born in MN, no?

(it doesn't really change anything, no - your best case scenario is if Medicaid agree to pay their portion and you'd be responsible for the remainder, at which point you'd file suit against the parents to recoup your losses)
 

mcale

Junior Member
How did that work? :confused: Baby was born in MN, no?

(it doesn't really change anything, no - your best case scenario is if Medicaid agree to pay their portion and you'd be responsible for the remainder, at which point you'd file suit against the parents to recoup your losses)


Ah that is such a hard concept, I'm very close to the adoptive parents and we have a great relationship. I only have required visits once a year until she is 5, after that the adoptive parents decide if I can see her at all. That is terrifying. If I sue them I know it won't be pretty and I'll risk the chance of losing her until she is 18.


This is a total shot in the dark, but what if I were to declare bankruptsy? This is a very painful situation for me. It just tears open this horrible wound every single day. I'd honestly be 100% fine with declaring bankruptsy, making it all go away, and saving myself the mental anguish... as well as saving my chances at having my daughter in my relationship in some respect.

If I were to declare bankruptsy, if I wanted to, would I still be able to file a lawsuit against the adoptive parents? This is all just a theory.



Also-- another complication. The adoptive parents are moving to California in less than a month. Wonderful. What a mess.
 

Proserpina

Senior Member
Ah that is such a hard concept, I'm very close to the adoptive parents and we have a great relationship. I only have required visits once a year until she is 5, after that the adoptive parents decide if I can see her at all. That is terrifying. If I sue them I know it won't be pretty and I'll risk the chance of losing her until she is 18.


This is a total shot in the dark, but what if I were to declare bankruptsy? This is a very painful situation for me. It just tears open this horrible wound every single day. I'd honestly be 100% fine with declaring bankruptsy, making it all go away, and saving myself the mental anguish... as well as saving my chances at having my daughter in my relationship in some respect.

If I were to declare bankruptsy, if I wanted to, would I still be able to file a lawsuit against the adoptive parents? This is all just a theory.



Also-- another complication. The adoptive parents are moving to California in less than a month. Wonderful. What a mess.

If you file for bankruptcy protection yes, the medical bills that you're liable for will be wiped. If that happens you not be able to sue the parents.

I must ask though - if you're enjoying a close relationship with them, have you asked them about this?
 

mcale

Junior Member
If you file for bankruptcy protection yes, the medical bills that you're liable for will be wiped. If that happens you not be able to sue the parents.

I must ask though - if you're enjoying a close relationship with them, have you asked them about this?

I've asked them about it numerous times. Now they want me to go to every single doctor office and creditor that wants money from me and sign a release saying they can contact all of them. That is a lot of people.

I just got their christmas card, and in it they said "after you do that we'll decide whether we'll move forward". Nice. Whether? It is in the contracts we signed. *sigh*

Frustrating.
 

Zigner

Senior Member, Non-Attorney
I've asked them about it numerous times. Now they want me to go to every single doctor office and creditor that wants money from me and sign a release saying they can contact all of them. That is a lot of people.

I just got their christmas card, and in it they said "after you do that we'll decide whether we'll move forward". Nice. Whether? It is in the contracts we signed. *sigh*

Frustrating.

It's $19,000.00. Is it really THAT much of a problem to sign a blank consent form that they can then write in the name(s) for?
 

mcale

Junior Member
Can I legitimately do that? They want to talk to the state, they want to discuss things with Medicaid, every doctor, every creditor.

This suit is for 19,000.... the total bills left unpaid are upwards of 40-45k.
 

mcale

Junior Member
It's $19,000.00. Is it really THAT much of a problem to sign a blank consent form that they can then write in the name(s) for?

I'm not really saying its a problem or a hassle, but merely that it is a frustrating situation.

So you're saying I'd sign a blank consent form, mail it to them, where they would make copies and contact the agencies?
 

Isis1

Senior Member
I'm not really saying its a problem or a hassle, but merely that it is a frustrating situation.

So you're saying I'd sign a blank consent form, mail it to them, where they would make copies and contact the agencies?

i would. honestly, it's the most diplomatic venue.
 

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