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CPS founded case but I want to adopt

Amsterdam, NY |

Several years ago I was reported to CPS because one of my children went to school and was talking about how he looked at his brothers private areas. The children were 11 & 8 and it happend while they were in my home in their bedroom. They were showing each other thier private areas. CPS investigated and the case was indicated on me for lack of supervision.
My husband has custody of his daughter who the mother has not been involved with for over a year. My husband has sole custody and the mother is only allowed supervised visits which she does not exercise. I want to adopt my stepdaughter but I know the biological mother will not consent.
Do I have a shot at the courts terminating her rights so I can adopt her with my past CPS indicated case?
Otherwise never been in trouble at all.

Attorney Answers 1


  1. Whether the mother's rights may be involuntarily terminated is a separate issue from whether you may be approved as an adoptive parent. Neither question can be answered without a thorough review of all the circumstances and the relevant court documents. As such, I suggest you consult with a local attorney to review all your rights, options and obligations before you take any further action. You can find attorneys in your area by searching among the profiles here on AVVO. Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.