Step parent adoption - mother in prison

[steph214]

What is the name of your state (only U.S. law)? Texas

Hello. I have been raising my stepson along with his father since he was born. He will be 3 years old in less than a month. His father and I are married. He was born in a prison in Texas and we brought him home when he was 2 days old. He has lived with us since then. His mother was released from prison and on parole in June of 2012 but violated her probation. She was recently sentenced to 15 years in Federal Prison for 4 cases of identity theft and fraud. I am trying to find out if I even have a chance of adopting him, even if his mother contests it. If so, I'd like to know what steps I need to take prior to proceeding, what to expect, what documentation/evidence I need, etc. Thanks for any advice.

Edit: I'm not sure if it matters, but I forgot to mention that my husband is his legal guardian. She had visitation rights the 6 months she was out of jail but she only saw him about 3 times.

 

[LdiJ]

What is the name of your state (only U.S. law)? Texas

Hello. I have been raising my stepson along with his father since he was born. He will be 3 years old in less than a month. His father and I are married. He was born in a prison in Texas and we brought him home when he was 2 days old. He has lived with us since then. His mother was released from prison and on parole in June of 2012 but violated her probation. She was recently sentenced to 15 years in Federal Prison for 4 cases of identity theft and fraud. I am trying to find out if I even have a chance of adopting him, even if his mother contests it. If so, I'd like to know what steps I need to take prior to proceeding, what to expect, what documentation/evidence I need, etc. Thanks for any advice.

Edit: I'm not sure if it matters, but I forgot to mention that my husband is his legal guardian. She had visitation rights the 6 months she was out of jail but she only saw him about 3 times.

Adoption is never something that is a DIY matter. You really should consult with an adoption attorney.

 

[single317dad]

Here are some excellent case law references which address extended imprisonment as grounds for involuntary termination of parental rights:

https://www.dfps.state.tx.us/documents/Child_Protection/Practice_Guide/Section_5_Termination/Termination.pdf

(page 10 is relevant, but you should keep the document in its entirety for a reference)

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.161.htm

(Q) knowingly engaged in criminal conduct that has resulted in the parent's:
(i) conviction of an offense; and
(ii) confinement or imprisonment and inability to care for the child for not less than two years from the date of filing the petition;

ETA: Having just begun to consider this today, you should take a lot of time to think about an adoption. You would now be this child's mother, and that comes with benefits as well as legal consequences. You could end up paying child support for this child same day.

 

[steph214]

Adoption is never something that is a DIY matter. You really should consult with an adoption attorney.

We weren't planning on doing it ourselves. We just found out tonight about her 15 year sentence so my curiosity got the best of me so I just thought I would ask. I thought maybe someone had been through it before or maybe had some advice about the matter. Thanks.

 

[latigo]

What is the name of your state (only U.S. law)? Texas

Hello. I have been raising my stepson along with his father since he was born. He will be 3 years old in less than a month. His father and I are married. He was born in a prison in Texas and we brought him home when he was 2 days old. He has lived with us since then. His mother was released from prison and on parole in June of 2012 but violated her probation. She was recently sentenced to 15 years in Federal Prison for 4 cases of identity theft and fraud. I am trying to find out if I even have a chance of adopting him, even if his mother contests it. If so, I'd like to know what steps I need to take prior to proceeding, what to expect, what documentation/evidence I need, etc. Thanks for any advice.

Edit: I'm not sure if it matters, but I forgot to mention that my husband is his legal guardian. She had visitation rights the 6 months she was out of jail but she only saw him about 3 times.

What "steps do you need to take?

First, it would behoove you and your husband to know that U. S. Supreme Court has consistently ruled that the relationship between a parent and a child is a property right as defined in the due process clauses of the United States Constitution.

That is, a right that the individual cannot be involuntarily deprived of except by operation of law.

Consequently no adoption can occur in this instance until the birth mother's parental/property rights are officially terminated. Which can accomplished either voluntary, that is, she freely and formally consents to the adoption and acknowledges the consequences thereof as ending her relationship with the child;

Or the appropriate Texas court find that statutory grounds exist and her rights are terminated by decree.

In Texas one of the several grounds for the involuntary termination of the parent/child relationship is a finding that a parent:

"knowingly engaged in criminal conduct that has resulted in the parent's conviction of an offense; and confinement or imprisonment and (the)inability to care for the child for not less than two years from the date of filing the petition". (See: Texas Family Code Title 5 Chapter 161)


If it become necessary to pursue an involuntary termination, most states permit combining the application for adoption and petition for involuntary termination in one proceeding.

If the mother is willing to give her formal consent to the adoption, then it becomes most imperative that the consent is properly constructed, documented, witnessed and authenticated. For this you will definitely need the advice of a seasoned Texas family law attorney.

The last thing wanted here would be for this derelict to come back years latter claiming that she was coerced in to agreeing to the adoption and you folks belatedly discovering that your homework was shoddy.

OR that "due process" was not afforded her in the involuntary termination proceedings.

 

[Just Blue]

What "steps do you need to take?

First, it would behoove you and your husband to know that U. S. Supreme Court has consistently ruled that the relationship between a parent and a child is a property right as defined in the due process clauses of the United States Constitution.

That is, a right that the individual cannot be involuntarily deprived of except by operation of law.

Consequently no adoption can occur in this instance until the birth mother's parental/property rights are officially terminated. Which can accomplished either voluntary, that is, she freely and formally consents to the adoption and acknowledges the consequences thereof as ending her relationship with the child;

Or the appropriate Texas court find that statutory grounds exist and her rights are terminated by decree.

In Texas one of the several grounds for the involuntary termination of the parent/child relationship is a finding that a parent:

"knowingly engaged in criminal conduct that has resulted in the parent's conviction of an offense; and confinement or imprisonment and (the)inability to care for the child for not less than two years from the date of filing the petition". (See: Texas Family Code Title 5 Chapter 161)


If it become necessary to pursue an involuntary termination, most states permit combining the application for adoption and petition for involuntary termination in one proceeding.

If the mother is willing to give her formal consent to the adoption, then it becomes most imperative that the consent is properly constructed, documented, witnessed and authenticated. For this you will definitely need the advice of a seasoned Texas family law attorney.

The last thing wanted here would be for this derelict to come back years latter claiming that she was coerced in to agreeing to the adoption and you folks belatedly discovering that your homework was shoddy.

OR that "due process" was not afforded her in the involuntary termination proceedings.

VERY well stated!! OP you would be wise to read this ^ carefully and follow the advice.

 

[steph214]

Thank You all for your replies. This has been something I have considering for quite some time. Initially, when she was released from prison, he was only 6 months old. Although the visitation agreement was every other weekend, we let her know that she was more than welcome to see him when she wanted. We wanted to give her an opportunity to bond with her baby and develop a motherly relationship with him. Unfortunately, she didn't. As far as I am concerned, I will always be his "momma" and the one he knows as his mommy. When she got into trouble again, even then we waited on her sentencing thinking maybe she would get probation. If so, we would have again offered her the opportunity to develop a relationship with him. Once we found out about her 15 year sentence yesterday, we decided it's time to start educating ourselves on the adoption process. Right now, I can't even enroll him in school, make medical decisions for him, and things of that nature. As far as paying child support, if my husband and I were to divorce in the future, that would be the last thing I would fight. He is my baby and I'd do whatever I had to do to care for him and continue to be his mommy. I am more than aware and willing to take any responsibility for him, good or bad, just as I would if he were biologically mine. Again, thank you for all of your replies and direction.

 

[Just Blue]

Thank You all for your replies. This has been something I have considering for quite some time. Initially, when she was released from prison, he was only 6 months old. Although the visitation agreement was every other weekend, we let her know that she was more than welcome to see him when she wanted. We wanted to give her an opportunity to bond with her baby and develop a motherly relationship with him. Unfortunately, she didn't. As far as I am concerned, I will always be his "momma" and the one he knows as his mommy. When she got into trouble again, even then we waited on her sentencing thinking maybe she would get probation. If so, we would have again offered her the opportunity to develop a relationship with him. Once we found out about her 15 year sentence yesterday, we decided it's time to start educating ourselves on the adoption process. Right now, I can't even enroll him in school, make medical decisions for him, and things of that nature. As far as paying child support, if my husband and I were to divorce in the future, that would be the last thing I would fight. He is my baby and I'd do whatever I had to do to care for him and continue to be his mommy. I am more than aware and willing to take any responsibility for him, good or bad, just as I would if he were biologically mine. Again, thank you for all of your replies and direction.

I hope this works out well for you and your family...
Best of luck to you all...
Blue

 

[Proserpina]

In other words, you need an attorney as was initially advised.