Child was not adjudicated dependent. Grandmother sought and attained custody of now 16 yr old from infancy. Seeking permanent custody upon tpr. Filing on abandonment, neglect, abuse. Circuit court clerk says must be filed in juvenile div., unless filing ch.63. Legislative intent of ch 39 seems appropriate. Legislative intent of ch63 seems to be exclusively for adoption agencies. Understand ch 39 is usually filed by department, but is department filing required? Can pro se grandparent file ch.39 tpr pro se?
An individual can file for termination of parental rights because of dependency, but I do not think that is the route you should take. You have had the child for 16 years. Where is the abuse and neglect? You probably can get a free consultation with an adoption lawyer or family lawyer. Take advantage of that. You know just enough to be dangerous.
Any person can file a petition for termination of parental rights under Chapter 39. However, navigating the system is very difficult. I recommend you consult with an attorney who has worked in the area of juvenile dependency law and knows the ins and outs of dependency court.
You can file a Ch 39 termination of parental rights petition but you must be able to prove the allegations. I think you definitely need a lawyer for this action, if the parents are not willing to sign consents to the adoption it may not happen.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline