Q: My mother adopted my daughter around 2 years old and stated in the adoption if she passed away before the child turns 18
That She automatically return back to m, now my sister has power of attorney over my mother can they put in a new will that my child go to her? Can a new will override an adoption ?
A: I have never seen a provision in a judgment of adoption that the surrendering parent would automatically get the child back if the adopting parent died. She may have put that in her will. Nonetheless, I believe any such provision would only have the force of "suggesting" to the judge that such was her desire. I don't believe it would have any binding effect on the court. Upon your mother's death, anyone could file asking for custody of the child. The standard the judge would use would be to determine the best interest of the child. Give me a call, toll free, at 866-Doug-Bryan (368-4279) or email me at doug@dougbryanlaw.com if I can be of further help.
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