[oanamomma]

Hello,
I have a 7 year old step daughter who I have taken care of since birth. Her biological mother had visitation for the first 2 years of her life, but for the last 5 years she has not seen her, supported her in anyway or even call her. My step daughter is a special needs child and when we were going through the custody case, when she was first born, her bio mom had a psycological evaluation. The Dr. Said that the bio mom was severely cognitively dalayed and was not able to properally raise a child. My husband and I would like me to adopt her, and I was wondering if Washingtonn courts will terminate her rights based on "abandonment". How long does a parent not have to be involved before the courts will take this into account? Also is this something we can do without a lawyer? One last thing bio mother will not consent. She does not want my daughter but she does not want me to be her mom.

Thank You in advance

[AK lawyer]

... I was wondering if Washingtonn courts will terminate her rights based on "abandonment". ...

It doesn't appear that Washington uses "abandonment" terminology.
Here is what the pertinent Washington statute says:

"RCW 26.33.120
Termination — Grounds — Failure to appear.

(1) Except in the case of an Indian child and his or her parent, the parent-child relationship of a parent may be terminated upon a showing by clear, cogent, and convincing evidence that it is in the best interest of the child to terminate the relationship and that the parent has failed to perform parental duties under circumstances showing a substantial lack of regard for his or her parental obligations and is withholding consent to adoption contrary to the best interest of the child.
(2) Except in the case of an Indian child and his or her alleged father, the parent-child relationship of an alleged father who appears and claims paternity may be terminated upon a showing by clear, cogent, and convincing evidence that it is in the best interest of the child to terminate the relationship and that:

(a) The alleged father has failed to perform parental duties under circumstances showing a substantial lack of regard for his parental obligations and is withholding consent to adoption contrary to the best interest of the child; or
(b) He is not the father.

(3) The parent-child relationship of a parent or an alleged father may be terminated if the parent or alleged father fails to appear after being notified of the hearing in the manner prescribed by RCW 26.33.310.
(4) The parent-child relationship of an Indian child and his or her parent or alleged father where paternity has been claimed or established, may be terminated only pursuant to the standards set forth in 25 U.S.C. Sec. 1912(f)."

... How long does a parent not have to be involved before the courts will take this into account? ...

It doesn't appear that there is a specific period.

Note that the "clear, cogent, and convincing evidence" test is a fairly tough burden of proof.

But who knows. Maybe she won't show up. See subsection (3) (b) above.

... Also is this something we can do without a lawyer? ...

It's possilble, but not recommended.

[Fr_Chuck]

If the bio mom will sign over her rights it will be much easier and again, they are normally much happier to sign over their rights when they are being forced to pay child support.

But you will need an attorney and a case can go on for months, often 4 to 6 months even to get to court for the first hearing.