Let me see how short I can make this.
My niece gave birth 2.5 yrs ago when she was just 15. She was willing to give up her parental rights until here recently. The bio father never was willing. The bio father is suppose to pay child support but hasn't since April 2010. He has only seen her once this year so far. My mom took both parents to court to get conservative of the 2.5 yr old & it was granted. (which is why my niece will no longer give up her rights) The child has since come to live with me after having been living with my mom all of her 2.5 yrs of life except for 2 months of it. I have had the child in my care for a month. Does anyone know how I can go about taking both parents to court for their rights to be revoked or how long I need to wait to be able to do this?
Oh yea the bio mom has moved & has been gone since Labor Day weekend. She hasn't called nor emailed asking about her child once. She moved from Texas to New York to live with her bio mom that walked out on her & my brother when she was 1.5 yrs old.
I know I NEED legal advise & will be getting it but was wondering if anyone out there has had this happen or know of someone it happened to & what they/you did. Just trying to prepare myself. Any advise would help.
*NOTE: My mother has received conservatorship from the court. But now we are trying to adopt her so she has a stable home which is important because she is getting older & is in that learning process of her little life.
Sought a lawyers help. He said there will be no way to adopt this poor little girl unless both parents gave up their parental rights. I'm going to try my best at making our home the perfect home for her for as long as I have her. Uggh what an emotional roller coaster!!!
Talk to a lawyer. I do know that if a certain amount of time goes by with no contact than the child is considered abandoned by the parents, but I do not know how long that has to be. You definitely need legal advice from an expert on this one.
You need to contact an attorney. I don't think that this is something you can do on your own.
Yes, contact an attorney. Any action you take through an attorney, will be credible. If you start trying to make moves yourself, it can get messy and look bad for you.
Not sure how long you have to wait by my next door neighbor ended up with custody of her grandchildren because the parents basically dropped them off and never came back. No money received and very few calls until recently and even now they are few and far between. When she went to court I believe she filed first for emergency gaurdianship in case something happened then followed it with custody request due to abandonment. I don't remember how long it all took but she now has had custody of her 2 grandchildren for about 5 years. I want to say that it didn't take very long but could be wrong. If neither has paid anything towards their care especially recently, you may even have a better case. If the father is ordered by court to pay child support and hasn't then you can even use that he is in contempt. Good Luck
I also suggest you talk with an attorney who specializes in adoption. You will need to be able to document all that you wrote here. Then, I think that you'd file a petition with family court but I'm not sure. Ask a lawyer.
I would make an appointment raw. Because the bio mother has rescinded her willingness to relinquish because of legal action you need to take action quickly and get started on the process before more time goes by and the situation changes again.
You're right, you do need legal advice.
My cousins were in the same situation. They were recently able to gain custody of the baby even though bio Mom and Dad were not willing to give it up...the baby had been living with another relative for most of his life, and they were able to go to court and prove that they (the aunt and uncle) were able to provide a better home for the child.
So, it can be done. Good luck, and don't give up if this is what is best for the child!
As others have said, call an attorney who specializes in family law and adoption. ASAP! Right now you have a child that you do not have a legal right to have--that could cause all types of problems for you (and maybe even get the child put under CPS control???) Good luck. It is nice that you want to make this arrangement permanent and provide a loving home for the child, but you do have to go through the legal channels --and in this case--they are very muddled.
CHeck with an attorney but I am sure after so much time you can claim abandonment for both parents. Did your Mom receive the conservatorship from the court? If neither parent is supporting the child emotionally or physically then steps must be taken. At this point if something happens you cannot make medical decisions at the emergency room. I would get this fixed ASAP. cb
At this point it sounds like it's more a matter for family court than for CPS, although I'm not sure what the law is regarding child abandonment. How does your mother feel about you adopting the child? I hope she is supportive, because you would hate to have to fight over that.
People are recommending an adoption lawyer, but I think that's for cases of non-family adoption. When it's all family members, if there is no grounds for CPS to get involved, then I believe it's a family court situation. So check with a family law lawyer first. What about the lawyer who your mother worked with?
Yes, you need an attorney, but not just any attorney... you need an adoption attorney. You hear these horror stories about kids living in homes for years and then suddenly bio mom or dad comes back and the court has no choice but to return them to their bio families, despite the fact mom or dad didn't show interest or call or write or send money. The reason the court is forced to send them back is simply because either (a) the family didn't hire an attorney at all and follow due process or (b) they hired a crappy attorney who didn't know his/her way around custodial law. Yes, you can get custody but you will need help! Not sure where you are but there is a great guy in Killeen. He's been in practice for years and has helped hundreds if not thousands of people. HTH!
