My step-son's girlfriend used drugs while she was pregnant and my granddaughter was born 6 weeks early at 2.10 lbs, malnurished, interuterine growth retardation and opiate addicted. She had a prescription for hydrocodine so the baby spent 6 weeks in NICU and was released to my step-son and his girl friend. One month later CPS/DHR was called by a drug dealer they ripped off and they both tested positive for drugs and the baby was put in me and my husbands home. Niether parent has been compliant with the service plan to regain custody and the mother is now incarcerated charged with 1st degree assault and 1st degree criminal mischief, in addition she had a suspended sentece of five years for a trafficking felony that she will now have to do in addition to any new time she receives. My step-son is doing better but he does not have anything to do with the baby and is still drinking a lot and I suspect using drugs again to. He does not want to go to rehab or cooperate with CPS/DHR he would like to sign away his rights for now with the opportunity that he could have them reinstated in the future is he gets it together. My questions are can we have the mother's parental rights terminated because there is no bond with the baby and she almost killed her, and now she will be licked up 5 plus years and out of the infants life, and the 2nd question is if my step son voluntarily signs away his rights can he later petition the court to have his rights reinstated? We are in Alabama

You need to file for guardianship of this child. The Judge will more than likely grant you guardianship under those circumstances.

Yes we have petitioned the court but we wanted to know if we could terminate the mothers parental rights so she couldn't come back in five plus years and interfere

Depends on the state, in many yes, this could be reasons to terminate.

We are in Alabama