I have had custody of my nieces for 2 years and permanent guardianship for the past 6 months. I would like to adopt now and am looking for suggestions/advice on how to pursue this. Parental rights are not terminated, father is willing to cooperate with adoption, mother won't....
Chapter 7 Bankruptcy Attorney
There is only one way for you to proceed with an adoption. You must consult with a family law attorney familiar with adoptions. You have to file a petition for adoption in the circuit court. You need the advice of an attorney to tell you whether you would be wasting your time or not because usually a court will not sever a parent's rights without the parent's consent or without clear and convincing evidence of good cause.
Sit down with an attorney who does adoptions. It may be worth a few hundred dollars for a consultation fee to find out if it is feasible or not.
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I would suggest that you take the documents pertaining to the guardianship case and consult with an attorney who does adoptions. This is sort of a specialized field and I would not suggest using an attorney without experience in that type of case. Make sure you ask the attorney about his/her experience. If you go to court on this, you will have only one shot at it. You don't want to miss.
This answer is not to be construed as legal advice or as creating an attorney-client relationship.
I handle this kind of matter on a frequent basis. A petition to terminate parental rights needs to be filed--it will be a voluntary termination as to the father and an involuntary one as to the father. There are a number of grounds you can plead to terminate the mother's parental rights, but the most common one is abandonment. This centers around her failure to provide financial and physical support to the child. An attorney will need to assess the facts and give you an opinion about the potential for success. Jeanne T. Tate
I am not licensed in any other state than FL.
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