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View Full Version : Currently have permanet custody of niece whom I want to adopt


peytonsma08
Jan 1, 2009, 11:31 AM
Hi let me see if I can summarize the last year and 3 months. On Oct 24, 2007 I went to court because I had petioned for a protective order for my 4 month old niece. Her mother had custody of her. She is my brother's biological child and he was in jail and never named father. The mother had told me when my niece was born that she was being treated terribly by the nursing staff because the baby tested positive for marijuana. I filed a complaint with social services before she left the hospital. I can't believe they let her take my niece home! We were given a weeks notice before that first court date on Oct 24, 2007 because I had also petioned for custody of my niece. When we got to court on 10/24/07 we both had to take a drug test. I of course tested negative(never done drugs in my life) and the mother tested positive for cocaine and marijuana. It came out in court that day that the baby was also positive for cocaine as well as marijuana when she was born! I got temp custody of my niece that day. We went back on Jan 3, 2008 and I remained temp custody. We went back again on April 29, 2008 because a maternal grandmother and maternal great aunt had also petioned for custody. Mother had not petioned for custody back. I was awarded permanet custody! I have had this beautiful baby girl since she was 4 months old; she is currently 19months old. She calls me moma and my husband dada. My other two girls are her sissys! I have a 3 year old and a 6 month old! I went through the entire custody process pregnant. I couldn't imagine my life without my niece. I don't know what I would do I had to wake up every morning and she wasn't here! I am debating petioning for adoption of her but in order for that to happen I will have to ask the court to terminate the biological parents parental rights. The father is currently back in jail. The mother is 19 who lives with her drug dealer boyfriend and currently she is not employed and has not been ever! Her father just passed away which enabled her to be able to purchase a car. My older sister is "friends" with her and the mother has said that she was told(by who I don't know) that all she had to do to get her "baby" back was get a job, a car, and have a place to live. This baby doesn't know her! She sees her for a couple hours twice a month! That has been since May 2, 2008. The mother is STILL on drugs! Her boyfriend SELLS drugs!! I was told by her guardian ad litem(attorney) when we were going to court that if/when I got permanet custody that anyone who petioned after that would have a hard time ever getting her from me because they would have to prove I was unfit and something MAJOR had changed since court in my household! We are currently looking for a bigger house due to the three children and I am currently unemployed and I am looking to go back to work. I am trying everything I can think of to hold on to this little girl. Does anyone have any input or answers? I don't know what I need to do to start the adoption process or the PRT(parental rights termination) process or if I have grounds to ask for PRT.

~Seriously Concerned~

N0help4u
Jan 1, 2009, 02:46 PM
[I] I think the mother is living in la-la-land in denial that she can not have her kid. You got custody and she hasn't changed the things that got the baby taken away. Lots of parents have and raise kids that are involved in drugs BUT she knows you as mama and any Judge in their right mind isn't going to take her off you when she has security, love and knows you as family.
I think it will take more than her simply going to the Judge and saying I have a home, a job and a car.

I am not sure that I would go for adoption because the mother and father both have to sign and I think it would be opening a can of worms for them to try and fight for her back. That is just my own opinion, I am sure somebody here can give you a more legal answer on how best to proceed.

peytonsma08
Jan 3, 2009, 02:09 PM
Well the father is my brother who is incareated once again and I'm not concerned about him fighting for her. He is a worthless pos who has never held a job and never had custody... j&d judge doesn't like him anyway... wasn't very impressed with mother at custody hearing... I think the mother is going to fight me eventually anyway regardless if I try to adopt or not... the adoption is for my reassurance and for my neices so for now on she knows she has a permanet loving home forever... thanks for you input though!