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rscaggs · Jan 21, 2008, 07:07 PM

I am new on here and I read the sticky on Parental rights. But I still have a few questions as to how to do it and if we would be able to. First I live in Indiana. I am asking these questions pertaining to my step-daughters. My husband has had full custody of the girls since 2003. One girl just turned 18, the other 17. Both are still in school, both juniors. We have talked briefly to a lawyer, and have a good idea about what will happen. Anyway, their mother has not seen them since April 2007 and has not paid support since then also. She has been in jail before for a period for drugs and court-ordered rehab also. She cannot hold a job or place of residence, and at this present time still has no job, and is still using drugs. I have looked up the allegations the parent must fall under in order to petition involuntary termination of parental rights. She falls under the part of abandonment come April because of it being 1 year, long term drug-induced incapacity of the parent, failure to support or maintain contact with the child, felony drug conviction, stress on children mentally, etc. The girls want nothing to do with her, they call me mom and have done so for years, they even wrote letters to the judge who presides over the child support case. The girls (espically the 18 year old) says they want it done and on paper so I can adopt them so I would legally be their mother and not her. But one main question is I was wondering if their was papers that were printable (like divorce papers) that we could file or not. The lawyer told us we could hire him and most likely win, or we could wait till April and the courts could automatically do it being that she has not seen them in 1 year. I am wanting to know when that time comes do we just go up there and tell them we want to start the proceedings or could we try to do it now? Sorry this is so long and apoligize if somewhere these questions have already been answered.

twinkiedooter · Jan 21, 2008, 07:57 PM

What did the lawyer say about "just going up there" and filing paperwork after April? Am confused you are just not waiting until April - that's only a few months away since you've waited this long.

Fr_Chuck · Jan 21, 2008, 09:07 PM

First, normally it is not possible to adopt someone who is over 18, they are considered grown at that pont and time.

And it is going to be hard, to take away the persons rights for adoptoin, if they will not sign the rights away. Taking away rights as for as them having a say in the child's life is hard enough, to allow it for adoption is harder if that other parent fights it at all.

I may be wrong here but did the lawyer actually say you could adopt another adult ( the 18 year old) normally these types of requests are denied.

Remember there is two levels of taking away rights, one has to do with stopping visits or making the visits supervised. But to talk them away for adopton is often regarded at a much higher level,

Also since a court case like this, esp if fought by the other parent I would say that the 17 year old most likely would be 18 before this would end.

rscaggs · Jan 22, 2008, 01:53 PM

I know that I would now not be able to adopt the one that just turned 18, the other one turned 17 on January 16th. And the Lawyer told my husband in April for us to go up to the child support division and tell them that she has now legally abandoned the kids and we want to set up a court date to take away her rights.