I started an adoption Aug. 2011 & have already had the HM study. I'm awaiting for my daughters (one I'm going to adopt) appointed attorneys visit. Has anyone gone through this & can tell me what to expect? Also we have had her since Oct. 2010 & wanted to know in your experience what my odds are at getting this adoption granted. The rights of bio parents have not been revoked we are hoping to do all of this at one time. Neither bio parent is currently paying child support. The bio dad is required to but the bio mom isn't. Bio dad paid $41 in 2011, $24 in 2010 & nothing for 2012 as of yet. The mother of this child moved away Sept. 2010 & just this last Christmas 2011 came to see her for an hr & brought her a gift. No gifts are sent to her or cards for her Birthdays, Christmas, Easter, etc. My mother has conservatorship of her & has allowed us to care for her thus far. I just want some piece of mind. PLEASE. I can't imagine loosing her. My husband & I are all she knows!
I am going through a lawyer since Aug. 2011 but gosh it's taking SOOO long. Both bio parents won't relinquish their rights so a judge will be involved after the studies are completed. I just hope he rules in our favor.
In the State of Texas, if the parents haven't had contact, or supported the child, for 6 months or more, than the judge will severe the parental rights and grant the adoption.
We went through all of this with my oldest two about a year ago. If you have any questions, feel free to message me.
*hugs*
You stand a very good chance, better than anyone else, since she has been in your care this long but it really depends on the parental rights (rather than child support). Have their rights been terminated? If not, I doubt anyone can adopt. In some cases, they do both all at once but without knowing where that stands the rest is hard to say. I would talk to the attorney for more specifics on you case.
Do you have a lawyer? If not, you may want to consult one who has expertise in this area. They could tell you what to expect, etc. If you can't afford a private attorney, perhaps you kind find a legal aid service in your area. Some legal aid organizations have projects devoted to adoption of older children who have been virtually abandoned by their parents. I don't know if there are any local to you, but it may be worth finding out.
Are you going thru and agency or Children's Services Division? Sounds like it's a private adoption. If so, then to terminate parental rights the parents have to voluntary relinquish them.
I've adopted thru CSD after an at risk placement which means they were having to go thru the court to terminate parental rights. That was a very long process, like 2 years. Because my daughter was a ward of the court the placement was secure.
You cannot adopt until the parents rights have been terminated. If the parents want you to adopt there should be no problem. The court will approve the adoption. But if the parents won't agree to termination it will take court involvement which takes a long time. However, she should be able to continue to live with you.
I've live thru that uncertainty. It's difficult but well worth it in the end when you do go to court and see the judge sign the papers.
From my experience you will not have peace of mind until that day in court when everything is finalized!! The day it did happen though was the single, best day of my life!! Every single day was stressful that either one of the knuckleheads would show up and disrupt our lives.
There are way too many variables for me to even guess what your odds are of getting this adoption granted. It seems strange to me that your mother had her for the first 2.5 years of her four years of life and still has conservatorship yet you have been raising her for almost 1.5 years. Can your mother just give her to you legally?? She doesn't seem to be living up to her obligations.
I truly hope you have an amazing, brilliant, kick butt adoption attorney....not some unreliable basic family law attorney. That was one thing I didn't try to cut corners on. I also found it much more productive to NOT expect or request child support, communication or gifts. That just opened up the opportunity for them to have any connection with my daughter.
I hope for all of you it gets resolved soon. My daughter was pretty dialed in on the situation when she was two years old.
