adoption

6 replies
AuntDebbie74112
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Joined: 03/20/2009
User offline. Last seen 3 years 6 weeks ago.

As most of you know I have just adopted a 7 year old boy. And I am the legal guardian of his 10 year old sister. This is the situation on her. Since I am her legal guardian and she was only in dhs custody overnight (dhs released her to me the next day) her parental rights were not terminated by dhs. (which really upset me because I kept asking the courts every time I went to court if parental rights were being terminated on her as well and every time the courts said yes)3 weeks before I adopted the boy the courts told me her parental rights were not terminated because she was not in dhs custody. Now I have to hire an attorney find the bio mother and take both parents to court to adopt her. Here is the problem. First the attorney stated that bio mother could sue for custody and or visititation. most likely get visits. But also stated that I could sue for 5 years back child support and abandonment. The girl has not spoken a word about bio mom in 3 years now. Has not seen bio dad in 2 years. The girl was very upset about her brother being adopted and not her. I talked to the school and they stated that she was having a really hard time over the adoption. The school agreed to start calling her by my last name except on the computer and report cards and everyone else is calling her by my last name. She knows she is not adopted yet. I told her we have to still go before the judge. This has seemed to satify her for now. I do not have a whole lot of money comming in and no resources to get any. So far the cheapest attorney I have found said it would cost at least $1,000 to $2,500 to get her adopted depending on how long it takes to find the bio mom. The question is should I let sleeping dogs lie? Should I open up that can of worms? Where does the money come from? Or should I continue with the adoption? What if bio mom get visitation and or custody? Bio dad so far has said that he will sign adoption papers. I just don't know what to do. Sorry this is so long.

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Anonymous
Anonymous's picture
So, the girl has not been

So, the girl has not been TPRed? If she was never officially removed by DHS and no TPR has occurred, does the lawyer indicate that you are the legal guardian? I would think, that given the abandonment, talking with DHS would put take care of getting the little girl a GAL and go through the motions for TPR. The state should take care of it, no? You shouldn't need a lawyer.

Without the TPR, I think you will always be at risk of the Bio-mom coming back and trying to claim guardianship.

AuntDebbie74112
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Joined: 03/20/2009
User offline. Last seen 3 years 6 weeks ago.
What is TPR? And yes I am her

What is TPR? And yes I am her legal guardian. Father went to court with me the day after the other kids were removed by dhs and signed the papers for the guardian. The girl was only in dhs custody overnight. The state has washed their hands so to speak with all the kids. They won't even talk to me about the girl. Since she was never really in dhs custody they stated it is out of their hands. And the bio mother comming and knocking on my door wanting her kid back is one of my biggest fears.I know that I don't have to hand the gir over to the mother right then. The mother will have to fight me for her.My other biggest fear is if I do take her to court she gets visititation rights.

MatthewS
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Joined: 10/29/2008
User offline. Last seen 15 weeks 1 day ago.
TPR

TPR is the acronymm for "Termination of Parental Rights". My understanding is that a court has to:

  1. Recognize that the parent has relinquished all rights and the court must sign a document to that effect
  2. or the court must declare that parental rights have been terminated and sign a document to that effect.

Sounds like that has happened for the biological father, but I think the courts really ought to deal with the abandonment of the girl and sign a TPR for the mother as well.

Keep in mind that I'm not a lawyer and can't give you legal advice.

Personally I'd want that last question mark removed and I'd probably dig deep into my pockets to get advice from the lawyer.

AuntDebbie74112
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Joined: 03/20/2009
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adoption

As I stated before dhs is not going to do anything about the girl. They are not going to do anything about the bio mother as well. The girl got the bad end of the deal as far as dhs goes. And as far as GAL (guardian ad lidiam) she would have to be in dhs custody for that wouldn't she?
I have thought about talking to the judge that presided over the boys adoption about the girl, but don't know if she would even listen to me or for that matter if I could even get the talk to the judge at all.

MatthewS
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Joined: 10/29/2008
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Judges are Public Servants

A GAL is appointed by the county--however, after a child is in the custody of a foster parent, the GAL stays with the child until an adoption is finalised. So, yes, there would have to be some connection to DHS.

It can't hurt to try and chat with the Judge. However, in general, official communication with Judges occurs through a lawyer. Talking with a Judge outside formal court proceedings is called ex parte communication if it is related to a case. In those instances it isn't allowed.

It sounds like hiring a lawyer is your best route.

AdoptiveDad
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Joined: 11/16/2008
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This might help