-No- it wasn't auto custody. Her mother -never- took her.
Thank you very much. If you can't help me go post on someone elses thread.
You are not understanding what I am saying or how the law works in Indiana. Your fiance received custody of his daughter (legally) at nine months. Prior to that, the child may possibly have been living with him, but MOM was the one with legal custody, because that is the law in Indiana.
Unless of course CPS was involved, in which case CPS had legal custody until the judge awarded it to your husband at 9 months.
Ok...back to your current situation. Again, in order to terminate mom's parental rights, you will need to have been married for a minimum of one year, and be willing to adopt the child, and you will need to be able to demonstrate that mom has had no contact with the child (no phone calls, no visits, no child support) for a minimum of one year...as of that time.
Obviously mom does not deserve to keep her parental rights, and I am surprized that they were not terminated at the time she was convicted. Nevertheless, since they were not, the above is the only option.