I live in Texas and have temporary custody of my niece and nephew. My husband and I have considered adopting the children. They were removed from the home by CPS due to drug use and violence in the home. In order to adopt them we would have to prove that their parents are unfit & have their rights terminated, correct? How difficult is this? How difficult is it to also end all visitation with the birth parents?
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How hard is it to terminate someone's parental rights/ prove unfit?
- Thread starter candycr
- Start date
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Zigner
Senior Member, Non-Attorney
You would want to ask the attorney you hire for the adoption process. This is NOT a do-it-yourself process.
Banned_Princess
Senior Member
This is very difficult and I dont suggest that you do it, at all without a lawyer.
Have the parents been complying with CPS and How long have they been with you? WHY would you want the kids to stop seeing their parents? what kind of custody order is currently in place?
not everyone is perfect, and drugs can get anyone, they are sick.
Proserpina
Senior Member
You really need an attorney for this - specially since CPS are involved. If eventually you do adopt, you will generally not be required to allow visitation with the birth parents.
Just Blue
Senior Member
Incredibly difficult. As it should be. Hire an attorney.
The parents have begun to comply with CPS after 3 1/2 months. My sister & her husband are EXTREMELY manipulative, aggressive & hostile towards my husband & I . The kids have expressed they no longer want visitation & want to live with me.
Of course I am going to hire an attorney and I understand that the parental rights & the adoption are two separate processes, however, I just want to know if it is possible to have their rights terminated AND visitation terminated.
Zigner
Senior Member, Non-Attorney
I'd be hostile towards the folks who "took" my kids too (that is meant from the "devil's advocate" point of view - not as a personal attack).
If they are complying with CPS directions, then they are working towards reunification. THAT is the goal of CPS, so you're uphill battle has turned in to an exercise in mountain-climbing.
Just Blue
Senior Member
As they are complying with CPS...Probably not. They don't have to like you. The idea is reunification. If, as foster parents, you don't get that...Perhaps the children need to be placed with guardians that will facilitate the parental relationship and not seek to end it.
I figured. It seems to me it would be very difficult and costly (as it should be) to have someone's rights terminated. They are terrible parents with a cycle of physical abuse to each other & drug use in the home. However I have heard much worse stories & the parents get to keep their kids. I'm just trying to decide if I should mortgage my house to pay for legal fees & then lose the kids anyway. Is it worth the fight?
Oh- and they are COMPLYING in the sense that they have set up a plan with CPS to go to therapy and rehab, but in 3 1/2 months have not done a single thing required on the plan.
Proserpina
Senior Member
How old are these children?
As BM said, reunification is the goal here.
As BM said, reunification is the goal here.
They are 9 & 12. Reunification may be the goal of CPS, but I do not want to reunify children with parents that abuse or neglect them.
Proserpina
Senior Member
A) What you want isn't going to matter
B) If CPS agrees the parents are fit, you have virtually no chance of adopting the children. Even if.
C) What part of the plan have the parents NOT completed?
Banned_Princess
Senior Member
I am sorry you feel that way, and I suspect it might be a year or two of non complyance before they ask you to adopt them.
You can wait it out, or you can possibly loose everything, or you might win.
Thats it, thes are the possible outcomes, and I suggest loosing everything, might be more likely then winning at this stage of the game. You should try to wait it out, and stop trying to push someone who might push back against you. (the parents)
Maybe if you dont push them they'll continue to screw up, and CPS will agree you should adopt them.
- They are supposed to complete drug counseling and pass a drug test. (They have received 3 drug tests & have never passed)
- They are supposed to complete several hours of parenting classes. (They haven't even called to set up the appts)
- They are supposed to undergo full MHMR- mental health assessments and follow up with recommended therapy (nope, not yet.)
They are supposed to undergo marriage counseling (nope)
The father is supposed to complete anger management class. (nope)
Also, they have weekly visitation with the children. Since they have been in my care, 3 1/2 months- 14 possible visits, they have attended 2.