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I'm hoping to hear from someone who has a situation like ours. I have spent countless hours searching and online and came across this group. So to make a long story short and to the point, here goes....
Niece gives birth to baby with no prenatal care and born at 26 weeks. She and her boyfriend are both aware the baby could be her boyfriends or her boyfriends brothers. They leave the hospital at her discharge. We get a call from here saying "hey I had a baby, do you have baby stuff you could give me" we make arrangements to pick her and the boyfriend up to the hospital so they could visit with baby. CPS was notified at baby's birth due to mom stating using opiates. Mom and boyfriend only visit a handful of times and then disappear. CPS gives us kinship care. Mom and boyfriends brother show for shelter care hearing. Boyfriends brother agrees to DNA test. Baby is released from the hospital after two months and mom and current boyfriend have a visit scheduled. They cancel and quit contacting CPS. They also do not contact us. Brothers DNA test comes back that he is not the father making moms boyfriend the likely father. He was court ordered to get DNA test in June but does not complete it until 10 months later. A year goes by and we hear nothing from mom and boyfriend. We hire an attorney and petition to adopt. They contest at the last moment. Now we go to trial. They both admit they have not supported or contacted in a year. Mom says she didn't k ow she had to pay support and dad says he didn't know he had to take paternity test. Thier attorney is arguing because he didn't take the paternity test for 10 months we can't claim it's been a year and therefore he has not abandoned his child. Meanwhile they still have not seen or asked for visitation. My attorney says that excuse won't fly but the judge has already taken over 30 days and we still don't have a ruling. I'm so nervous and on pins and needles!!!!! Anyone experience anything like this? Words of wisdom?
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No words of wisdom but it would appear that bio dad would have more standing. Bio mom did nothing but bio dad could claim he didn't know. However, it could also be a last minute maneuver. Take deep breaths!