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View Full Version : Parental rights of birth mother after step parent adoption


Mommy23angels
Dec 31, 2010, 09:29 PM
My husband and I have been going through a really tough time with our 11 year old son (I legally adopted my stepson). We have been dealing with behavioral issues for years now and they just seem to be getting worse as he gets older. My husband and I have been together for 10 years so our son was a year old when we started dating. We married in 2004 and soon after had 2 children of our own. Anyway, his behavior has gotten tithe point where we just don't know what else to do about it. We have tried EVERYTHING! He still speaks to his biological mother every now and then. She has 5 kids all with a different father. In 2005 she had her 4 children taken away due to drug use. She since has gotten all but our son back and also has given birth to another child. She seems to be doing OK. (for her anyway) Our son has been saying for months now that he wants to live with her and we have been toally against it because she is no the most responsible person. But after trying everything to correct his behavior we are just wondering if we should just maybe let him go stay with her for a while. I, however, do not want to terminate my rights. So how would we go about doing that legally so he could go to school from her house and not giving her parental rights back to her? Is there any way we could give her temporary guardianship without me losing my rights as his legal "mother"?

ScottGem
Dec 31, 2010, 09:32 PM
The birth mother has no rights. They ended when your adoption was finalized. However, if you want to give her temporary guardianship you can. I would have an attorney draw it up so you can rescind it if you need to.

Fr_Chuck
Dec 31, 2010, 11:09 PM
Agree, normally a child going back to a parent that gives them up does not happen, and that parent has no rights what so ever, even to call or talk to or visit.

And of course a mother with such a history of drug use, of losing the children, and you want to send your son into that type of home??