Sorry no Rights have not yet been relinquished apparently that is the first step before you petition the court for custody. The birth parents are off and on about giving up their rights it will have to be done involuntarily.
I am surprised that CPS did not pursue termination of parental rights.
Be that as it may: If the parents will voluntarily relinquish, it will make the adoption process go a little smoother and a little quicker.
If you have to pursue termination of parental rights, it could take a while (and it could be an ugly process as well).
I've seen judges "rule from the bench" meaning: After the judge hears all the evidence/testimony, the judge will make a decision the same day, usually within a short period of time. I've seen judges take 3-4 weeks to consider all the information, testimony and evidence, and then decide to give the birth parents 6 months to get their poop in a scoop. I've seen judges rule in favor of the bio parents, as well as ruling in favor of the other party. There are too many variables to give you a definitive answer.
When husband adopted our children, it took all of 6 weeks--because the children's bio father was willing to relinquish his rights. We were able to it without an attorney. Cases like ours are the exception and NOT the rule.
But, I am really surprised that CPS didn't do more to secure permanent placement and custody before closing the case.
