We had a final hearing in a CPS case in which the rights of both parents were terminated. The two children had been placed for most of the case with their maternal grandmother. CPS finally (after 4 safety plans!) got wise and removed the children from the grandmother's home. This occurred about two weeks prior to final hearing.

At the final hearing, the judge terminated the parents' rights, appointed CPS as PMC of the children, and named the grandmother possessory conservator. (Evidence showed somewhat that grandmother had been the de facto mother for most of the boys' short lives.)

It seems to me that having this grandmother as a possessory conservator is going to make getting these two kids adopted mighty hard. I personally would not want to adopt these boys, knowing that I potentially would have to deal with the grandmother until they turn 18.

Is a Motion to Modify Judgment appropriate in this case? My ground would be that the grandmother was never a party and cannot be named possessory conservator by the court sua sponte. There are no pleadings to support such relief.

I agree that should not have happened if GM was not a party.

If you can't get it modified, 153.434 may help:

"A bio. GP may not request possession of or access to a grandchild if . . . each of the bio. parents has . . . had parental rights terminated . . . AND the grandchild has been adopted, or is the subject of a pending suit for adoption by a person other than the child's stepparent."

Looks maybe like once an "out-of-family" adoption is filed that the GP's standing to maintain possessory status is cut off.