1. writergirl2011
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    writergirl2011 Member

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    Plot headache

    Discussion in 'Plot Development' started by writergirl2011, Jun 21, 2011.

    Hi,

    My name is Laura and I have recently found these forums. I just need some help with a possible plot. I am writing a story about a group home (foster-to-adoption). I've been fine with this up until now, but a storyline has entered my head and I don't know whether to run with it or not. Bascially, this is it:

    My main character 8/10 years ago give up her first born child and was in a open-adoption. She has since gone onto adopt three other children (siblings), however, she learns that her first-born parents have been killed, and they have legally in their will have said that if anything ever happened (grandparents are died) that the child is to be returned to her birth mum.

    Realistic or not? I really do need help here.

    Thanks

    Laura
     
  2. CottonCandi
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    CottonCandi Active Member

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    Maybe if it was written in the 1800's or something. I don't think it would work with modern day adoptions, but then again, they didn't have adoptions back in the 1800's. Perhaps you could have her return to her birth mother on her own not legally. Maybe as a runaway.
     
  3. writergirl2011
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    She's eight, so do you think it will work because I've already started to lay the ground work.

    Laura
     
  4. CottonCandi
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    CottonCandi Active Member

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    I think it would work if she is a runaway.
     
  5. writergirl2011
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    writergirl2011 Member

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    Thanks I'll go with that.

    Anyone elses views?
     
  6. Heather
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    Heather Contributing Member

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    I don't understand your plot line actually. Who has adopted three other children? Who's first born parents have died? I think you need to clarify ....

    In terms of adoption, if a child is officially adopted, then they are oficially adopted. A will wouldn't hold against something official - it would then be up to the girl if she choses to meet her real family.
     
  7. writergirl2011
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    writergirl2011 Member

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    The main character was 20 when she give her child up, but custody to a family friend. However when her 'adoptive' parents die, the child is returned back to her biological parent, who never give up her birth rights.

    The main character is about to adopt 3 children with her husband, as she now runs a group home. They want bio children but foster-to-adopt these kids.

    I think this is going to be a no-go.
     
  8. Heather
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    Heather Contributing Member

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    If these other people never got adoptive rights over the child, then perhaps it could happen. However, I don't think the social services would A. allow a woman who gave up a child to adopt later on if there was still a chance of getting her child back. and B. just give the daughter back to a woman who gave her up?

    Maybe try googling the laws regarding it so you can find out about how it would work properly.
     
  9. writergirl2011
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    I've stopped writing it now, and I saw too many possible headaches and problems to make it work.
     
  10. Heather
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    Heather Contributing Member

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    If you really want to write it then don't just give up .... there is always a way around things to make your plotline workable - it will just take a little research :)
     
  11. writergirl2011
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    That's the thing I don't know what to research, nor do I know if it will be realistic.

    She has set up a group home for children, and is now happily married. Another opinion is that the child lived with his real dad, the dad dies and the mum gets recustody, but it was a joint decision.
     
  12. Heather
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    Heather Contributing Member

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    That seems more realistic - although you need to consider why the mother didn't try and get her child back in the first place if she was going to adopt later on? Unless she kept contact with her daughter as best as she could be the father had full custody (maybe lives in another country to make access difficult). I think that is a much more feasable idea, if the child lived with the other partner.

    Give it some serious research though, google searches can come up with some really interesting and useful stuff, just try and double check info with other sites as somethings can be unreliable.
     
  13. writergirl2011
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    Mmm...any other ideas/opions. This is coming into the story in part 3, and it is being posted but there is no mention of the child until way into 50's of chapters.
     
  14. Venusian31
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    Venusian31 Member

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    I think the story would work just fine. You say it was an open adoption. Open adoptions mean that the birth mother knows who the adoptive family is and in some cases, if all parties are ok with it, the birth mother actually remains a part of the child's life, just not as the legal parent. In a case like this, I could see how the adoptive parents might name the birth mother as the legal guardian of the child in the event of their death, much like naming someone as a god parent, especially if she has been part of the child's life since birth and the adoptive parents saw her mature from a young girl to a mature woman capable of being a parent. Even if she wasn't a direct part of the child's life and just kept in touch with the adoptive parents through the years, they still might be willing to give the child back based on their confidence in her ability to be a good parent. Why would they not be willing to give the child back to the birth mother who obviously loves the child if they are no longer alive to care for the child themselves?

    There would also be no legal barriers to her adopting other children later in life. Just because she gave up a child when she was young and unprepared to be a parent doesn't mean she remains that way her entire life. If it's eight or ten years later and she's grown up, mature and married, she would be eligible to adopt just like anyone else. She would go through the same review process as any other prospective parent, but the review would be based on her ability to be a parent now, not where she was ten years ago. Adoptions are actually much more flexible in today's world than they were in the past.
     
  15. writergirl2011
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    Thank you, you've just given me the confidence and the hearing I needed to hear.

    Thanks. PM me! I want to bring in a new sub-storyline and bring more depth and reason into why she's doing this.

    Laura
     
  16. Islander
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    Not sure if it fits your story, but it'd be easier for the child to return to her biological mother if she was placed in a foster home instead of adopted.
     
  17. writergirl2011
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    Thanks, Isandler, but it wouldn't work. My main character is famous and so is her other half.
     
  18. JimFlagg
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    Wills only provide for property not people. If the adopting Mother chose to fight it and the biological mother wanted the kid then it would have to go to custody court. If the child is of a certain age, I think it is 12, then the court will leave it up to the child to chose.

    If I was writing this I would get my sister to help me because she is a lawyer but you may want to seek out some help from a friend that is willing to work pro bono to help you with your book.

    Good luck.
     
  19. writergirl2011
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    The parents would have died when this has happened, and in the film, Life as We Know It, it does happen. Wills, if children are under 16, then they write who would take care of them. Michael Jackson and this article proves it - http://articles.moneycentral.msn.com/RetirementandWills/PlanYourEstate/WhoWillTakeCareOfYourKidsIfYouDie.aspx and http://www.free-legal-wills-guide.co.uk/couples-with-young-children.shtml

    Sorry but your wrong.
     
  20. Islander
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    It probably depends a lot on where you live.
     
  21. Venusian31
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    That's not correct. In a will, it is a matter of adding what is called a guardianship provision. It's where the parents establish who should become the guardian of the children in the event that both parents are deceased.

    Of course, if it happens, the chosen guardian will be checked out to make sure they are fit to be a parent before the final determination of custody is granted. But, unless someone is completely unfit, the courts will honor the wishes of the deceased parent and that is usually the case. Not many parents would ever designate an unfit person to become guardian.

    I know this is true because I am the designated guardian for the children of both my sisters. If both parents of any of my nieces or nephews die, I will become their legal parent.

    There may be some minor variation in how the guardianship is set up from state to state, but it's pretty standard across the US. I don't know whether the same applies in other countries or not, but I'm pretty sure they must have something in place to handle these kinds of situations.
     
  22. writergirl2011
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    Its set in California.
     
  23. Heather
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    Heather Contributing Member

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    Yes, and if the child was adopted, this would require the adoptive parents to specify that the child be returned to his/her origional mother upon their deaths .... which I find unlikely to happen. Why would you say in your will that you want your adoptive child to go back to the parent who didn't want them?
     
  24. JimFlagg
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    They are now the guardian. The adopter has a legal right to the child and it would have to be settled out of custody court. Again, I am no lawyer so like I suggested, you should seek out a councilor. The post you posted was only if the child was had their biological parents as guardians. You could be right, but I would not just assume this and would seek out a lawyer.

    Good Luck.
     
  25. writergirl2011
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    jim, they are dead!!!

    Heather, thanks leasts some people are getting this.
     

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