Motion to intervene?Adoption?

[sbrown200047501]

What is the name of your state? Indiana

I have perm. guardianship of a 5yo boy.He was suppose to be my cousins son then when my guardianship went through the alleged father asked for a DNA test and it turned out he was not the father.My husband and I raise this child as our own and have since Aug. 2001.P receives medicaid through the state and CS from his mother(WHEN she pays).After my cousin turned out not to be the father the state left his name of the BC.Well Friday I received a motion to intervene by the CS Office,I callled them to see what it was about and they said they are getting a court order for the mom to give possible fathers names.How do I stop this I am very concerned with what will happen if one of her many "friends" turn out to be his BIO Dad.
We have raised him almost 3yrs and do not want to loose him now.

We can not adopt him as his mother wont agree(she hasnt seen him since feb of '03),she has seen him 3-4 times since we got him.She has 5 kids incl. P all with diff. people having guardianship(hasnt seen her oldest 3 in 10yrs).But we were told her paying CS prevents us from adopting him as it is contact.Is this true?We would give up the CS to adopt him.

TIA
Stacey

 

[tigger22472]

Yes Generally support prevents from adoption. However, why was the child removed from her home? There are several stipulations as to the grounds for TPR in Indiana and one of them happens to be if the bio parents has had other children removed from her home. How can you be certain that mom won't agree to the adoption? You're kind of between a rock and a hard place right now because if you risk speaking to mom about it then she might start coming around again and sometimes that does more harm then good to the children. I recommend speaking to a local attorney for a free consultation and see what ideas they can give you. Where are you located in Indiana? I might be able to recommend someone.

 

[sbrown200047501]

I am in SW Indiana(Daviess Co).

The mother refused to sign adoption papers stating he might want to live with her when he is older if she gets her life on track.

The mother lost her first 3 for abuse.The last 2 she ask me to babysat while she moved to a town about 30mins away,it was suppose to be a overnight babysitting(we had kept P for days at a time since he was a baby though).She left him Aug. 21 2001 and at the end of Sept. she still hadn't made contact so I got a attorney and got Guardianship,Temp. Guardianship was ordered Oct. 2 2001 then BIO Mom showed up in NOV. and I showed her the paperwork and she had a visit and left I then got perm. Guardianship June 02 she was served but was a no show and my cousin was already found to not be the father.She was/is a heavy drinker and meth user she was investigated several times by welfare on the last 2 but just got warnings,I beleive this was because her others kids were from northern Indiana and she had a diff. last name when her first 3 were removed so welfare didn't reaize she had kids removed for abuse in the past.

BTW My mom now has the oldest as he tried to suffocate P.The oldest just got out of a childrens behavorial home after 18months.

 

[nextwife]

Then consult with an an attorney and see if you might be able to have her parental rights terminated based on prior abuse/ the best interest of the child and adopt the child. Of course, there is some risk as you are potentially opening a can of worms regarding the status quo..

It appears that under IN law the adoption may be possible without the biofather's consent, if he has not in all this time registered in the Putative Fatrher's registry to protect his rights. An adoption attorney can verify that.

Indiana Adoption Statute Summary
http://www.adoptionsolutions.com/general/state laws/in_law.htm

Indiana Code Sections 31- 19-1-1 to 31-19-25-14 (1998)

Who Can Adopt?
Any person can adopt. A married couple must adopt jointly, unless the person seeking to adopt is the stepparent. In a stepparent adoption, the natural parent, who is the spouse of the stepparent, does not have to join in the petition for adoption.

Who Can Be Adopted?
Any child or adult can be adopted.

Consent to Adoption
The following persons must consent to the adoption:
1. both living parents if the child was born in wedlock;
2. the mother of a child born out of wedlock, and the father if his paternity has been established by a court or has properly executed a paternity affidavit or gives implied consent:
3. any person or agency with custody or guardianship of the child;
4. a court, if the legal guardian or custodian is not empowered to consent to the adoption;
5. the child to be adopted, if older than 14 years of age; and
6. the spouse of the child to be adopted.
7. A parent under 18 years may consent without the approval of his or her parents or legal guardian unless the court decides that it is in the best nterests of the child to have their consent.

The following are persons who need not consent:
1. a parent adjudged to have abandoned or deserted the child for 6 months or longer;
2. a parent whose child is in another person's custody and has failed to communicate or provide more than token support for the child for at least1 year, when able to do so;
3. the biological father of a child born out of wedlock who has not established paternity prior to an adoption proceeding and who has not registered with the putative father registry within the time period required;


AS to CS, adoptive parents ARE legally the parents of the child, so we get no support from the bioparents.

Hopefully you can get the adoption done and save this child from ever needing to live with this woman.

 

[tigger22472]

That's the ONE area of the state I'm not sure I can help you out in..lol I have family down in that area but I don't think any of them that have used a lawyer for these issues. I agree with Nextwife.

 

[nelfshawday]

That's the ONE area of the state I'm not sure I can help you out in..lol I have family down in that area but I don't think any of them that have used a lawyer for these issues. I agree with Nextwife.

I have a question.. My boyfriend has not seen his son in 3 years not by choice his mom blocked him in every way and if he found out where she lived she would move. There is a lot of stuff this baby has been threw. on april 15 his mother passed from a seizure and he is fighting for his rights except her sister intervened his custody hearing and they ordered a reunification... except she went and filed for an adoption and he needs to figure out how to stop it. any one know what papers he needs to file i believe it is filed in boone county we live in marion county. any ones help would be appreciated!

 

[ecmst12]

Don't necropost and don't post your boyfriend's business all over the internet. If he has a question about his child, he is welcome to come and start his own thread with it. You should stay out of it.

 

[Just Blue]

@VPapaya66 Stop post plagiarized posting. This thread is 16 years old!