My husband and I have had Guardianship (through Indiana) since June 2005 of my 2 nieces (sister's birth children). She has been encarcerated for 15 months and got out in June 2007. During the last 2 1/2 years, she has sent NO financial support, has not seen the children except 2 times (at my initiation) and calls on average of every 4 months. My husband and I want to adopt the two children (we now are residents of Florida) and my sister has petitioned the court in Indiana for dissolution of the Guardianship. My question is this: What criteria does a birth parent have to meet in order to get this guardianship dissolved and what constitutes abandonment in Indiana to severe her parental rights?

The questions you asked are ones that are best answered by an attorney. I suggest seeking the services of an atty and probably an atty in Indiana. Perhaps one will see your post here and will give you guidance.

Yes, paretal rights are not severed legally until a judge rules they are, there are laws in place, but many judges see them more as guidelines in custody cases. Often they will want to see closer visits and the such first but will sometimes look at if a person has changed their life around.

None of what you want to do is gong to be easy, cheap or quick. You will need an attorney and first find out which court will have to hear the case, it is possible this will have to be done in Indiana court. Finding out which court you have to use will be the first issue.