If my finace’s son has been living with us since we were granted full custody, how can we terminate his mother’s rights so I can adopt him?

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If my finace’s son has been living with us since we were granted full custody, how can we terminate his mother’s rights so I can adopt him?

He was removed from care from his bio mom by CPS 2 years ago and grandma got temporary custody until we gained custody 6 months ago. His bio mom has had absolutely no contact with him since we gained custody and we are trying to terminate her rights on the documented neglect (CPS investigation) and abandonment. She no longer lives in the area and travels the country as an exotic dancer. She has documented mental issues, substance abuse issues and we have all the court papers showing her lack of care for her son. We want to terminate rights so I can adopt him next year after we are married.

Asked on December 14, 2012 under Family Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country the only way the mother's rights can be terminated so that you can adopt your fiance's son is if the mother signs a stipulation for adoption giving up all parental rights subject to a court order. Given what you have written, I suggest that you consult with a family law attorney to make the process possibly happen.


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