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Hi, I filed for the adoption of my two ss last October. By that time the bio-mom had not had any contact with them in over a year, even when she had supervised visitation the year before she only saw them four or five times. I have been the mother of this 6 and 7 year old for going on 5 years now, and I am the only one they know as mom, they always knew her, but just thought she was a person that they spent time with occasionally. Now my little one barely even remembers her. Anyway, after we filed, the court appointed investigator said that she had to make a reasonable effort to find bio-mom...and she did...and of course bio-mom says no way, then she says that she will as long as the boys can come stay with her for a month in the summer. We do not want this to happen, and my older boy got on the phone and told bio-mom that he doesn't want to see her. Bio-mom lives in remote town with pop. 120 three and a half hours away from where we live. Bio-mom has three other children with boyfriend, and they are very poor and unsanitary.
My question is, we are going to go see a lawyer on Monday, and I have some papers that I am hoping will at least let this adoption go through. Two years ago we had bio-mom sign a relinquishment of legal custody form, we had it doubly witnessed, but not notarized because bio-mom did not want to hassle with all that...we took what we could get... We never filed the paper, we don't know how. However, if we have the lawyer file it, will it stand up in court, and if it does than great! Court investigator already told me that if it goes through and bio-mom has no legal custody, than we only need my husband's consent. So do you think form will be honored? Thanks, sorry so long!
~adopt101
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I am sure it depends on your state, etc., but I am pretty sure relinquishment of custody is not the same as relinquishment/termination of parental rights. Even if it does state the mother relinquished all rights and will allow the children to be adopted, I am not sure it will stand up in court if it wasn't filed immediately -- either way, though, I think you definitely will need your lawyer's expertise, so it is great that you already have a lawyer.
I hope things work out in the children's best interest.
D.
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If she was granted supervised visits, what for?When granted supervised visits was your husband not granted sole custody of the children.See if a court grants sole custody and gives supervised visits there has to be a reason for it. Have you seen the investigators report yet? That is where it will say a recomendation and if it reccomend the adoption then you pretty much will get it granted. The judge goes by the report. You should have given the investigator the report, she puts all that stuff in her file to file with the courts. You can file documents straight into your file as well. You do not need an attorney to do that for you. Alot of the times a clerk will let you know how to file such documents. If you feel the need for an attorney though, go ahead and get one. You are already almost done with the process though. I do not want to persuade you one way or the other. Also it does not look good for your case that the social worker found biomom because that just proves she had not had contact with the children. It is there job to contact bio parent to find out what their story is. But there are not very many acceptable reasons for abandoning your child. Hope this helps a little bit. Do not get discouraged because you found out that she is not consenting.