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    scared aunt's Avatar
    scared aunt Posts: 2, Reputation: 1
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    #1

    Jul 26, 2011, 03:01 PM
    How do I contest an adoption in Indiana?
    We my husband and I are in the process of adopting my niece bio mom only has 3 days left to contest she sent a letter asking for her decket sheet and submitted a paper for a free lawyer but did not say anything about contesting the adoption do you think she will get this done in 3 days or do you think we are in the home streatch
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jul 26, 2011, 03:34 PM
    Quote Originally Posted by scared aunt View Post
    we my husband and i are in the process of adopting my neice bio mom only has 3 days left to contest she sent a letter asking for her decket sheet and submitted a paper for a free lawyer but did not say anything about contesting the adoption do you think she will get this done in 3 days or do you think we are in the home streatch
    Has a hearing been scheduled for the adoption?

    Normally at the hearing, if she hasn't signed a consent, the judge would hear evidence bearing upon whether you have the statutory conditions for an adoption without her consent. You would need to offer testimony and other evidence to that effect.

    I am surpised by your suggestion that, in Indiana, the adoption can be approved if she has simply failed to respond to the petition (i.e.: "contest" it). I'm not saying that cannot be set up that way, simply that I am unfamiliar with such a process in regard to adoptions.

    Do you have an attorney representing you?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jul 26, 2011, 03:44 PM

    Assuming she gets her attorney consult it only takes a few hours to file a motion contesting the adoption. Did she originally agree and was given a cooling off period to change her mind?
    scared aunt's Avatar
    scared aunt Posts: 2, Reputation: 1
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    #4

    Jul 26, 2011, 05:08 PM
    No my brother passed away before the baby was born and mom went to jail when she was 4 months old she is now almost 3 mom is in jail until 2013 and yes she only has 30 days to contest then the court will hear my case but it is the 26th and her days are up on the 29th I don't know how long it takes for her to get an lawyer
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jul 26, 2011, 05:47 PM

    So the adoption is involuntary? You applied for an adoption and she was given 30 days to respond? Does she simply have to disagree with the adoption or does she need to show cause why it shouldn't be granted? Have you actually submitted a petition, do you have an attorney?
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