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Possible Relative Adoption; Term. of Mentally Ill Mom's Rights; No Foster Care !

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indianbear

Junior Member
What is the name of your state?What is the name of your state? New York State (Ulster Co.)

My husband & I and the birth parents have joint custody of their 21-month old daughter. Eric & I have physical custody, and would love to adopt this beautiful child. The mother has been diagnosed as bi-polar with Schizophrenic tendencies AND was told by her Doctor that she'll NEVER be able to care for the child. She's been in the hospital (mental ward) twice since the child's birth due to her failure to continue taking prescribed meds. She has acknowledged that she can't take care of her daughter, however refuses to relinquish her Parental Rights - mainly because she herself is adopted. Is there any way/basis for the Judge to Terminate her Parental Rights on the basis of her Mental Illness and hospitalizations (4 or 5 since 2000) ?

The biological father doesn't maintain contact with his daughter. He last saw her at Christmas, 2004; and spoke to her briefly in Feb., 2005. He doesn't provide any support, although he does work. The father, too, is adopted.

My husband & I love this child and have been her sole providers since birth. Any other cases similiar to this ? What was the result ? Any hope for this situation ? I'm sure a downside to this situation is that Social Serivces is NOT involved ! Thank you !
 


LdiJ

Senior Member
indianbear said:
What is the name of your state?What is the name of your state? New York State (Ulster Co.)

My husband & I and the birth parents have joint custody of their 21-month old daughter. Eric & I have physical custody, and would love to adopt this beautiful child. The mother has been diagnosed as bi-polar with Schizophrenic tendencies AND was told by her Doctor that she'll NEVER be able to care for the child. She's been in the hospital (mental ward) twice since the child's birth due to her failure to continue taking prescribed meds. She has acknowledged that she can't take care of her daughter, however refuses to relinquish her Parental Rights - mainly because she herself is adopted. Is there any way/basis for the Judge to Terminate her Parental Rights on the basis of her Mental Illness and hospitalizations (4 or 5 since 2000) ?

The biological father doesn't maintain contact with his daughter. He last saw her at Christmas, 2004; and spoke to her briefly in Feb., 2005. He doesn't provide any support, although he does work. The father, too, is adopted.

My husband & I love this child and have been her sole providers since birth. Any other cases similiar to this ? What was the result ? Any hope for this situation ? I'm sure a downside to this situation is that Social Serivces is NOT involved ! Thank you !
You should probably consult with an attorney....however it doesn't seem very likely to me that you could prevail without the consent of the parents.
 

VeronicaGia

Senior Member
indianbear said:
What is the name of your state?What is the name of your state? New York State (Ulster Co.)

My husband & I and the birth parents have joint custody of their 21-month old daughter. Eric & I have physical custody, and would love to adopt this beautiful child. The mother has been diagnosed as bi-polar with Schizophrenic tendencies AND was told by her Doctor that she'll NEVER be able to care for the child. She's been in the hospital (mental ward) twice since the child's birth due to her failure to continue taking prescribed meds. She has acknowledged that she can't take care of her daughter, however refuses to relinquish her Parental Rights - mainly because she herself is adopted. Is there any way/basis for the Judge to Terminate her Parental Rights on the basis of her Mental Illness and hospitalizations (4 or 5 since 2000) ?

The biological father doesn't maintain contact with his daughter. He last saw her at Christmas, 2004; and spoke to her briefly in Feb., 2005. He doesn't provide any support, although he does work. The father, too, is adopted.

My husband & I love this child and have been her sole providers since birth. Any other cases similiar to this ? What was the result ? Any hope for this situation ? I'm sure a downside to this situation is that Social Serivces is NOT involved ! Thank you !
You say dad doesn't maintain contact, but has indeed contacted the child twice in the last four months. Unless either or both parents are court ordered to pay support, neither of them have to.

As LdiJ said, you would have to hire an attorney and try to terminate the rights of both parents in order to adopt the child. They could easily fight you, but maybe you could offer them visitation? Especially dad, since he is at least trying, however slightly.
 

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