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a truly bizzare situation please help!

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studly33

Junior Member
What is the name of your state? North Dakota

Wow where to begin. I'll start with a bit of background just so you know where we are at.

My wife and I have been providing care of my Niece since she was 1 year old and was apprehended by child and family services. They placed her with us while my sister was to work on her issues, (drug abuse and domestic violence). This was in July of 2002. In 2003 the agency was going to be seeking a permanet order of gaurdianship as the bio parents had failed to address their issues. We stepped in and applied and were awarded legal gaurdianship in October 2003. My niece has resided with us since and is now 5 years old. She has begun calling us mom and dad and my kids are considered her siblings.

She is aware that she has two moms and two dads as we have always supported her having a relationship with her bio parents. As she has settled with us we decided we wished to adopt. Since making this decision my sister has entered and completed a treatment program and has had another child who she is currently parenting. Child and family services breifly became reinvolved with her due to domestic violence issues in her home.

Right now she is taking us to court and is wanting more access and an eventual return of her daughter. We are oppossed to this as we still wish to adopt and feel that my niece has stabalized when she is and there is such a strong bond between her and our kids and us that moving would be detrimental to all involved.

At this point my sister has access on Saturdays and on tuesdays while dad has access on sundays. We were against giving my sister two visits a week as we feel it is quite confusing for my niece and hard for her to know where she fits in if she is constanly suffled around. We are willing to continue the saturday visit but do not want to continue with the tuesday let alone increase the visits.

In the future should my sister stabalize we would be willing to have more open access including overnights if my niece so desired how ever at this age we feel it would not assist in stabalizing her. In addition our plans are polar opposites we wish to adopt to give her a new beginning and my sister wishes for her return. the bio dad is supportive of her remaining with us however he also wants increased access. When would she have time to be at home?

All we want to do is what is best for the kids but these court battles make it difficult to remain focused. My question is this do you feel we are looking at her best interests? And how do we convince the judge that more access is premature and unsettling for the child?

Nelson
 


studly33

Junior Member
advice please

Just wondering if anyone has any words of advice to share in this matter. Or any information at all.....please respond.
 

weenor

Senior Member
How long has she been clean?

When was her last hospitalization/treatment?

How many times has she been treated or hospitalized?

How many relapses?
 

studly33

Junior Member
She;s been clean off crystal meth and cocaine for about 18 months and she stopped smoking Marijuana (suppossedly) when she was four months pregnant with her second child which was 1 year ago. (Although we cannot proove it we know she still uses Marijuana). Shes completed one treatment program (the last one) and has been in about 4 or 5 that she quit or was kicked out of for relapsing. The thing is the whole time she has been maintaining that she was clean we discovered she was living with a drug dealer who suppsequently assulted her and the baby. Child Welfere intervened but left baby with mom as long as dad was out of the picture. So we suppossedly is but again we have reports from several others that she is still with him.
 

weenor

Senior Member
studly33 said:
She;s been clean off crystal meth and cocaine for about 18 months and she stopped smoking Marijuana (suppossedly) when she was four months pregnant with her second child which was 1 year ago. (Although we cannot proove it we know she still uses Marijuana). Shes completed one treatment program (the last one) and has been in about 4 or 5 that she quit or was kicked out of for relapsing. The thing is the whole time she has been maintaining that she was clean we discovered she was living with a drug dealer who suppsequently assulted her and the baby. Child Welfere intervened but left baby with mom as long as dad was out of the picture. So we suppossedly is but again we have reports from several others that she is still with him.
Is CPS still involved because of the other child? I will tell you that if CPS gets some evidence (witnesses) that the woman is using they will force her to take random drug tests now ...
 

TiBooPo

Member
Resentment

How will this child react toward you when she finds out you are trying to bar her BIO-MOM from getting custody back? It sounds like mom is doing what was asked of her in order to regain custody. Just because you and your wife "decided" you "wished" to adopt your "neice" should not be reason enough. You said so yourself.
She is aware that she has two moms and two dads
 
TiBooPo said:
How will this child react toward you when she finds out you are trying to bar her BIO-MOM from getting custody back?
Conversly, how will the child react if they do nothing, and the child is put in an enviornment of drug use and domestic violence, instead of trying to keep her in the loving home she has spent the majority of her life in. :confused:
 

weenor

Senior Member
TiBooPo said:
How will this child react toward you when she finds out you are trying to bar her BIO-MOM from getting custody back? It sounds like mom is doing what was asked of her in order to regain custody. Just because you and your wife "decided" you "wished" to adopt your "neice" should not be reason enough. You said so yourself.

You are a moron who has obviously never dealt with a meth or crack addict and what that person can do to a child. If you do not have any legal advice I suggest you keep you opinions in this matter to yourself.
 

TiBooPo

Member
Your'e right!

I'm not from the south!


Hardly a moron though, but thanks for asking!! The poster said the mother has been clean for 18 months!
 
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weenor

Senior Member
OP- I know this is your sister...but how many years has she been lying to you...think back

Anyway you need a lawyer ASAP because there are a lot of procedural things to go through.

The good news is that you have a significant documented period of drug use and some CPS involvement..these records will have to be subpoenaed but they are the best proof that this woman may never be able to kick the stuff permanently..the documents will certainly show the judge that on 18 month period may not be enough.

Your lawyer should also motion for a urine drug screen- If she is smoking pot regularly and depending on the body type (body fat content) the metabolite may remine in her urine up to 60 days. I good lab can also test for masking agents and adulterants. Still though if the judge will do it (a local attorney would know) its always good to surprise them and get the drug test ordered at the hearing so she doesn't have time to try and clean up. Meth only stays in urine 72 hours so its harder to get a positive if there is any notice.

There many other things that can be done depending of her burden of proof in your state against a nonparent. I give you the above as the quickest and easiest way to make sure she stays on supervised visitation. I know to others (and even to her) using her medical records when she is trying to get help is cruel. However, the child's well being must come first. Plus, meth use is not an oops I made a mistake...now I'm clean give me my kid back. She forsake her children for her drug and she does not deserve a second chance until she is clean a significant period of time (years) and when your niece is old enough to deal with her mom's past (probably as an adult)
 

weenor

Senior Member
TiBooPo said:
I'm not from the south!


Hardly a moron though, but thanks for asking!! The poster said the mother has been clean for 18 months!
Either you are a moron or you are a drug addict which is it? I asked about her history because most people can stay clean for relatively short periods of time but most eventually relapse. If you think 18 months allegedly clean is sufficient to warrant getting your kid back, please argue that in court and let me represent your ex.
 

faithnlve

Member
ok this is just my opinion. Sounds like your doing the right thing keeping your niece. But, it will be very hard for you to take a mom to court to have her sign off her rights to her own daughter if she is going through re-habilitation. It sounds as if she is on a roller coaster in her life with much chaos. Since social services is involved with this I am going to assume the child was placed with you it being your decision to do so while she is cleaning up her act, and was not placed in foster care instead. It may take more than 18 months of this. It also sounds as if you have become attached to her child. I am also going to assume the child knows her mom and has a relationship with her during those visits. Wouldnt it be better for all concerned to get family counseling? And to make sure its for the child's benefit and the mom's as well? Also parenting classes would be a good idea for mom along with your support on getting this family back to reality. Instead of fighting against her, unless she is "willing" and not coerced into the arrangement of adoption should you consider adopting until all these avenues are covered. It is far better for the child to be able to have her mom as her mom, the child will eventually be trying to get answers as she gets older, and for the child's benefit and emotional well being into adult life, at least give them both a chance. Faith
 

studly33

Junior Member
Well I must thank of you for your input even the angry drug addict. I must tell you that I have looked at this from all angles and certainly could not give all my arguments and jusitifaction for my decision to adopt without taking up pages and pages and boring you all.

In answer to some of your questions Child Protection did place her with us however we then were awarded legal gaurdianship with the support of child protection and both bio parents also agreeing.

I would never want to "Bar" the biological parents as long as they were clean and contact was safe for the child and in her best interests.

I am aware that there will be issues when this child is a rebelious teen however at this point there will also be issues for bio mom should she be returned. She has known our home as hers for all of her consious life...from age 1 to now going on 6 years old.

We never forced her to call us mom and dad she came to this on her own a little over a year ago. We consulted with a child psycologist we assured us that this is what she needs in order to feel like a part of a family and to normalize her situation and so we allowed it rather than push her away.

Someone else said "it sounds like you guys are attached to her child". Well of course we are what kind of people would we be if we weren't and I would also argue that besides giving birth my sister has never really been a parent to this child. Certainly not during the childs first year with her when she would leave her alone while she went out to get high....and certainly not while she was smoking crack while 9 months pregnant!

Yes she is clean now (Hopefully for real) she is my sister and I hope she can stay healthy but I've been through this for the past 5 years and I am also a social worker and have seen the patterns. As long as she continues to consort with this drug dealer boyfriend I cannot belive that her home is a safe home for any child.

As such I must do what is neccessary to protect my Niece. Having said that I also believe that we must support a relationship with bio parents. I ask u all this when does a childs need for permancy and stability come into play?

I supported my sister having her child back for the first 3 years and after all the missed visits and late night phone calls and an assult on my wife at my nieces birthday party and several dropped out or kicked out of rehab stints. We decided this child was too attached to us and our kids and vice versa and so we needed to do permancy planning. And then several months later my sister completes a treatment program after we tell her our plan is too adopt.
 

TiBooPo

Member
studly33

Just trying to play "Devils Advocate". :D You of course have all the details and experience with this exact situation and none of us here on this site do. ;) You are to be commended for your efforts in regards to your neice. She's lucky to have you! :)
 

weenor

Senior Member
studly33 said:
Yes she is clean now (Hopefully for real) she is my sister and I hope she can stay healthy but I've been through this for the past 5 years and I am also a social worker and have seen the patterns. As long as she continues to consort with this drug dealer boyfriend I cannot belive that her home is a safe home for any child.

We decided this child was too attached to us and our kids and vice versa and so we needed to do permancy planning. And then several months later my sister completes a treatment program after we tell her our plan is too adopt.
Yep!- you do know the pattern...your right the treatment was just to keep her from losing her property. Its a terrible thing to know that someone you love would do this to her children. Remember if your sister was truly recovered for good, she would see that bouncing her child around for her mistakes is wrong. If truly loved her child she would leave the child with you and work to become a better mom in other ways. But fact is she doesn't care about anyone but herself. Your also correct that when one is truly in recovery, one does not go back to the playground and associate with druggie friends. Just a matter of time. You know as well as I do that she has used recently and will use again. The signs of recovery are not there, and you must protect the child. Good luck to you
 
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