step parents

[MySonsMom]

ok, I have a wierd one for you...Lets say a step mom wants to adopt the child. Biological mother has paid court ordered child support and excercised almost all of her visitation throughout the years. But the bio mom is clearly not a good mother, and has very little interest in the child. (other then when she has her court ordered visitation) Let's say, dad and step mom ask her to relinquish parental rights so that step mom can adopt. (because step mom has been the mom for years, and has done it all, loves the child like her wown etc..) Let's say bio mom agrees. Is this that cut and dry, or could the courts deny the adoption? Is that even possible, that the courts could deny this? What are the possibilities...Thanks you anyone who replies.

 

[usmcfamily]

Hope this will give you a little to go on.....Let me just say that while nothing is going to be "cut and dry" in a case like this you are in the BEST possible position you could be, considering. I have been in your shoes (actually we are right now so I have done a LOT of reading on this one...will share what I have but still suggest LEGAL ASSISTANCE!)....IF the bio-mom agrees to terminate her parental rights and you are also filing to adopt the child the courts are VERY LIKELY to allow this to go through. The biggest hang-up for step-parent adoption is the bio-parent fighting the termination so IF that can happen you are miles ahead of the game....has she???? Even if she does decide to fight the termination you may still have a chance if you are willing to go to bat for this child.....if you file a termination petition and bio-mom "appears"(files an answer) to dispute the petition the court would set a hearing date where all parties are allowed to say their piece.....it comes down to a judge making a call so no real set odds here. The fact that she has made support paments....(how regularly by the way?)...and that she has used her visitation (again...how regularly??)...give her a good leg to stand on so be aware of the possibility this may not work....but it doesn't hurt to try, right?
Have you asked her about this at all?
As long as you are able to have the "best case scenario" you have described happen you are in a pretty good spot.......good luck and God Bless

 

[MySonsMom]

Thanks for your reply. We have indeed asked her about this and she hasn't given us an answer yet. She is avoiding us on the subject, but yet hasn't said no. So I'm not real sure where it stands right now. I was just curious if she did say yes if the courts could deny it because *they* think she should legally maintain his *parent*. Thanks for your time!!