Another Wacky Court Date

Tuesday, November 29, 2011

5 of the 6 lawyers were absent, including the CPS lawyer, the mother's lawyer, A's father lawyer, the Ad Litem lawyer that is supposed to represent the children, and even the assigned Assistant District Attorney.

A substitute Assistant District Attorney (D.A.) stepped in to "prove up" the case before Judge Cherry in the 301st Court in downtown Dallas. The assigned attorney that represents X's father was there as was the CPS case worker (Go, Jackie!), the birth mother, A's birth father, the maternal grandmother and Melinda and myself.

All of us chatted before the event and a bit afterwards (although the A's birth father remains quiet most of the time). We all got called before the judge (except the grandmother) and got sworn in. The D.A. read through what this court date was for (the termination of the parental rights plus the mediated settlement from November 2, 2011) and then asked us all yes and no questions confirming that we understood the parts of the agreement (all correct answers were "yes.") Judge Cherry asked a few similar questions, rendered her opinion (she agreed with everything) and then asked if the court petition was written up and available for her to sign. It was not since this was a substitute D.A., so she asked if it could be sent to her for execution (signing) by December 28th. The D.A. said he would pass that along so it could be done by then.

It is important to note that until the agreement is executed by the judge, CPS only has Temporary Managing Conservatorship. In order for the clock to start on the 90-days we have to wait, CPS must have Permanent Managing  Conservatorship and that can't happen until this order is signed sometime in December. Of course that now means it will probably be late March or even early April before we can adopt.

Nothing changes day-to-day, so there is no huge rush, it just seems par for the course that this case has  NEVER had a court date or hearing where everything went smoothly or even resembled what was expected!

 We live day-to-day loving A and X and nothing will change that - certainly not the delay today.