not the biological mother - adoption

[Angel At Peace]

CALIFORNIA

I live in Solano County in Vallejo Ca.

I have a 2 yr old beautiful little girl who I have been taking care of since she was 2 months old. I met her mother through my sister who is doing drugs (METH). I created a power of attorney and the mother signed it, giving me all rights to make decisions for this little girl as if I was the mother. I had it notorized and everything. The mother have 4 childrend by 3 different fathers. 2 are living with their fathers mother who have custody of them, the third one lives with the mothers grandparents who can barely take care of the 4 yrs old because of financial reason and ages.
my daughter have uncles and aunt who have not made any effort nor wanted to care my daughter when she was just born and even now that she is 2 yrs old.

my daughters mother and father or both on drugs and their location is unknown to me.

I want to adopt my daughter but I am scared that the court/judge might take her from me and give her to her mothers relative since I am not related to her.

My question - what is the chances of my daughter being taking away from me if I file for adoption, how and where do I start. I have just sooo much question and full of fear of losing my beautiful child. Please Advice**************...

 

[Angel At Peace]

not biological mother - adoption

when my daughter was 6 months old the father came to my house and met his daughter for the first time and he was with the biological mother. after that I never heard or seen him again. As I mentioned both parents are on meth.

 

[stealth2]

You really need to consult with a local attorney.

 

[nextwife]

I agree. Get a good adoption attorney. Make sure adoption is an important part of their practice.. They will probably need a publication period.

You need this done right, so that it cannot later be reversed, as the child needs stability, and to stay with the only mom she's ever known.

 

[Angel At Peace]

My problem is that I can not afford an attorney, and what is a publicatiion period. A power of attorney document is that worth anything at all in court. I don't know where to go for a legal advice or anything at all, I am just so lost and totally clueless legally in regards of my legal dilema with my daughter. any suggestions.

 

[nextwife]

My problem is that I can not afford an attorney, and what is a publicatiion period. A power of attorney document is that worth anything at all in court. I don't know where to go for a legal advice or anything at all, I am just so lost and totally clueless legally in regards of my legal dilema with my daughter. any suggestions.

A POA is NOT the appropriate document. You need legal Guardianship, and you need legal relinguishment of both parent's parental rights. Then YOU need to be made the legal parent. You cannot adopt without a home study.

Was dad ever even LEGALLY established as dad? If not, this guy who came over may not even have been the father..

CA Adoption Statute info:

Statute: Fam. Code §§ 8603; 8604

* The birth parents, if living

* The parent having custody if the other parent:
o Fails to communicate with and support the child
o Fails to respond to notice of adoption
o A married person may not adopt a child without the consent of the spouse.

Age When Consent of Adoptee is Considered or Required

Statute: Fam. Code § 8602

* A child 12 years of age or older must consent to the adoption.

When Parental Consent is not Needed

Statute: Fam. Code §§ 8604; 8606

* The parent has:
o Relinquished rights or had them terminated
o Deserted the child
o Willfully failed to contact or support the child for 1 year

When Consent Can Be Executed
Statute: Fam. Code §§ 8801.3; 8700

* In a direct placement, consent may only take place after the discharge of the birth mother from the hospital. If the mother is required to be hospitalized longer than the child, consent may be given with verification of competency from her physician.
* Relinquishment to an agency can take place any time after the birth of the child.

How Consent Must Be Executed
Statute: Fam. Code §§ 8801.3; 8814; 8700

* In a direct placement, consent must take place in the presence of an Adoption Service Provider or other delegated agent, who has advised the parents of their rights.
* In an agency adoption, a form is signed before two witnesses and acknowledged before an official of the agency.

Revocation of Consent
Statute: Fam. Code §§ 8814.5; 8700

* In a direct placement, after consent has been given, the parents have 30 days to submit a signed revocation and request the return of the child or sign a waiver of the right to revoke consent.
* In an agency adoption, consent is final and may only be rescinded by mutual consent, unless the birth parent has specified an adoptive parent and that placement is not finalized; then the parent has 30 days to rescind.

 

[ezmarelda]

Try these links for more help, copy and paste without [url]http://www.solanocourts.com/pdf/crt_family_dwn2.pdf

http://www.cccba.org/lawserv.htm

http://www.statebarassociations.org/pb.htm#california

good luck!

 

[Angel At Peace]

My daughter has been living with me since she was 4 months old.
The man that visited my daughter is her father.

The mother and father knows how to get a hold of me and where I live but,
have not heard from them almost two years, have not called nor even attempted to visit the child. I have not received any kind of financial support from them.

From the last information that was posted regarding my issues basically tells me that I will lose my daughter if I take it to court, I basically don't have a leg to stand on. the parents had not relinquish their parental rights but they have basically abandoned her. So basically my daughter and I will be better off leaving it alone and keep it the way it has been in the last two years. I basically don't have a choice or rights, even though I am the only mother and care taker of this child just because I am not related to her.

 

[ezmarelda]

My daughter has been living with me since she was 4 months old.
The man that visited my daughter is her father.

The mother and father knows how to get a hold of me and where I live but,
have not heard from from them almost two years, have not called nor even attempted to visit the child. I have not received any kind of financial support from them.

From the last information that was posted regarding my issues basically tells me that I will lose my daughter if I take it to court, I basically don't have a leg to stand on. the parents had not relinquish their parental rights but they have basically abandoned her. So basically my daughter and will be better off leave it alone and keep it the way it has been in the last two years. I basically don't have a choice or rights, even though I am the only mother and care taker of this child.

You may have a VERY good chance in court...but you are going to need an attorney.

read this too http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=73850114117+2+0+0&WAISaction=retrieve

 

[Silverplum]

My daughter has been living with me since she was 4 months old.

And you have been very kind and good to care for the child, and I agree she is your daughter. Every way but legally.

The man that visited my daughter is her father.

Not legally, unless he was married to the birth mother at the time...was he??

The mother and father knows how to get a hold of me and where I live but, have not heard from from them almost two years, have not called nor even attempted to visit the child. I have not received any kind of financial support from them.

That's because they're pigs.

From the last information that was posted regarding my issues basically tells me that I will lose my daughter if I take it to court, I basically don't have a leg to stand on. the parents had not relinquish their parental rights but they have basically abandoned her. So basically my daughter and will be better off leave it alone and keep it the way it has been in the last two years.

Yes, probably. But you REALLY NEED to consult with a local attorney.

I basically don't have a choice or rights, even though I am the only mother and care taker of this child.

Here's where we disagree. I say you've had LOTS of choices, made choices, and now are here.

 

[nextwife]

You NEED to see an attorney and get your guardianship squared away. The child will, after all, need to go to SCHOOL eventually. You have no legal rights as of now.