Guardians in need of advice

[CLveteran]

Guardianship awarded in Indiana (parents current residence), reside in Michigan with the child.
My husband created a post earlier that unfortunately did not give clear answers to the questions we were seeking. We have guardianship of our now 4 year old niece since late March, both parents signed her over. Was a CHINS case, case closed upon IN judge awarding us guardianship.
Both parents have a history of domestic violence, drug, and alcohol abuse; mother 16 years, father 20+ years. Since guardianship has taken place they have both become homeless, the father put on house arrest, and the both back on drugs and alcohol. The father has 4 children with never having custody of any. The mother has 3, the eldest 19 was taken away when he was 4, the middle 14 taken away when he was 2, and the youngest recently taken away and given to us. None were ever returned to her care.
As history is repeating itself once again, we are seeking advice on what we need to gather to terminate their rights, adopt if possible, and give this beautiful child a fighting chance at a happy and successful life. It is my understanding, from the history with the two previous children, and the fact that guardianship was awarded in Indiana, that this will fall under IN law and that is where we would file.
We are currently seeking a lawyer but are trying to get ready, therefore we are asking what should we prepare, what should we file for, when should we pursue, or any other items I may have left out or simply am unaware of. Thank you in advance.

 

[Ohiogal]

Guardianship awarded in Indiana (parents current residence), reside in Michigan with the child.
My husband created a post earlier that unfortunately did not give clear answers to the questions we were seeking. We have guardianship of our now 4 year old niece since late March, both parents signed her over. Was a CHINS case, case closed upon IN judge awarding us guardianship.
Both parents have a history of domestic violence, drug, and alcohol abuse; mother 16 years, father 20+ years. Since guardianship has taken place they have both become homeless, the father put on house arrest, and the both back on drugs and alcohol. The father has 4 children with never having custody of any. The mother has 3, the eldest 19 was taken away when he was 4, the middle 14 taken away when he was 2, and the youngest recently taken away and given to us. None were ever returned to her care.
As history is repeating itself once again, we are seeking advice on what we need to gather to terminate their rights, adopt if possible, and give this beautiful child a fighting chance at a happy and successful life. It is my understanding, from the history with the two previous children, and the fact that guardianship was awarded in Indiana, that this will fall under IN law and that is where we would file.
We are currently seeking a lawyer but are trying to get ready, therefore we are asking what should we prepare, what should we file for, when should we pursue, or any other items I may have left out or simply am unaware of. Thank you in advance.

I answered your husband with the law. THE LAW. You do not have a case for termination of their rights and to adopt unless the parents consent. It would fall under MI law because that is where you live with your husband and child. MI is the proper jurisdiction for the adoption. So yes, your husband was answered clearly but he apparently did NOT like the answer.

 

[Ohiogal]

https://forum.freeadvice.com/child-custody-visitation-37/parental-rights-adoption-639622.html

Everything I said in this thread to your husband still holds.

 

[Zigner]

Why don't you actually SEE an attorney who can then guide you. That guidance may include the information that OhioGAL gave you, so be prepared for that.

 

[LdiJ]

Guardianship awarded in Indiana (parents current residence), reside in Michigan with the child.
My husband created a post earlier that unfortunately did not give clear answers to the questions we were seeking. We have guardianship of our now 4 year old niece since late March, both parents signed her over. Was a CHINS case, case closed upon IN judge awarding us guardianship.
Both parents have a history of domestic violence, drug, and alcohol abuse; mother 16 years, father 20+ years. Since guardianship has taken place they have both become homeless, the father put on house arrest, and the both back on drugs and alcohol. The father has 4 children with never having custody of any. The mother has 3, the eldest 19 was taken away when he was 4, the middle 14 taken away when he was 2, and the youngest recently taken away and given to us. None were ever returned to her care.
As history is repeating itself once again, we are seeking advice on what we need to gather to terminate their rights, adopt if possible, and give this beautiful child a fighting chance at a happy and successful life. It is my understanding, from the history with the two previous children, and the fact that guardianship was awarded in Indiana, that this will fall under IN law and that is where we would file.
We are currently seeking a lawyer but are trying to get ready, therefore we are asking what should we prepare, what should we file for, when should we pursue, or any other items I may have left out or simply am unaware of. Thank you in advance.

I am also going to advise that you consult an Indiana adoption attorney NOT a family law attorney. Make sure that the attorney specializes in adoptions. However, based on the fact that you have only had the child for about 6-7 months, I think its far to early to have any chance of making it happen.

 

[CLveteran]

Loud and clear Captain!

I answered your husband with the law. THE LAW. You do not have a case for termination of their rights and to adopt unless the parents consent. It would fall under MI law because that is where you live with your husband and child. MI is the proper jurisdiction for the adoption. So yes, your husband was answered clearly but he apparently did NOT like the answer.

We understand what you are saying about THE LAW, you made that VERY clear... what we are asking, and did not get answered, is what do we do? If we cannot adopt what is a more secure method of ensuring this child's safety and future? This is a child and her entire life and future we are talking about here, can you please have a bit of compassion, we are not lawyers and this is a very complicated situation.

 

[Zigner]

We understand what you are saying about THE LAW, you made the VERY clear... what we are asking, and did not get answered, is what do we do? If we cannot adopt what is a more secure method of ensuring this child's safety and future? This is a child and her entire life and future we are talking about here, can you please have a bit of compassion, we are not lawyers and this is a very complicated situation.

This is the first time you've asked this question. As you have been told several times, consult with a local attorney. Really. The attorney can give you further guidance in this very complicated situation.

 

[CLveteran]

Thank you!

Why don't you actually SEE an attorney who can then guide you. That guidance may include the information that OhioGAL gave you, so be prepared for that.

We definitely intend to see an attorney, however, residing in Michigan we cannot just go during our lunch break to Indiana to do so. This site is to help people, or so I thought, and that is all we are asking. For simple information to guide us so when we do get that limited amount of time when we meet with an attorney we are fully prepared.

 

[CLveteran]

Thank you!

This is the first time you've asked this question. As you have been told several times, consult with a local attorney. Really. The attorney can give you further guidance in this very complicated situation.

Thank you, we will do so.

 

[Zigner]

We definitely intend to see an attorney, however, residing in Michigan we cannot just go during our lunch break to Indiana to do so. This site is to help people, or so I thought, and that is all we are asking. For simple information to guide us so when we do get that limited amount of time when we meet with an attorney we are fully prepared.

I would start in the state in which the child now resides. That attorney will be able to advise further at that point. As has been pointed out (by a family law attorney, no less), based on the facts we have been given, it appears that jurisdiction over this matter may very well be in Michigan.

 

[CLveteran]

Thank you!

I am also going to advise that you consult an Indiana adoption attorney NOT a family law attorney. Make sure that the attorney specializes in adoptions. However, based on the fact that you have only had the child for about 6-7 months, I think its far to early to have any chance of making it happen.

That is helpful, we have read that it is a minimum of 1 year. Thank you for your input.

 

[Zigner]

That is helpful, we have read that it is a minimum of 1 year. Thank you for your input.

Start in Michigan - you only need to deal with Indiana if the Michigan attorney so advises.

 

[Ohiogal]

That is helpful, we have read that it is a minimum of 1 year. Thank you for your input.

Ignore LDIJ as she does NOT know the law. You need to look in MI where the child resides with you. You have guardianship. Ask an attorney about the differences between guardianship and custody. And are you sure you don't have custody?

 

[CLveteran]

Michigan!

Ignore LDIJ as she does NOT know the law. You need to look in MI where the child resides with you. You have guardianship. Ask an attorney about the differences between guardianship and custody. And are you sure you don't have custody?

Got it, will seek in Michigan.
No, I’m am not 100% sure, the paperwork and everything discussed in court was “guardianship”, now if custody is bundled with that I do not know. We stated in court we would provide monthly visitations in Indiana and have held to that, but are unsure if we even need to do that, or what rights do we really have? The problem with the paperwork from the courts is that it is very basic, “Gaurdianship of ____ awarded to _____.” No terms or details.

Ohiogal, since adoption is out of the question what should we pursue? I’m under the impression the parents can go back to court at anytime and file to terminate the Guardianship. Due to the domestic violence, drug use, alcohol abuse, circumstances of all previous children, and the condition of the parents we are trying to fiercely protect this child.

I will add, just so you know our intent, my husband and I spent nearly $10,000 directly to my sister to recover and only got the child when she was forceably removed by DPS.

 

[Zigner]

Your uncertainty about your legal position makes it very tough to give advice, which is why we're all pushing you to talk to an attorney. Best of luck to you, your wife, and the child.