Can My Daughter Adopt A Child If His Father’s Parental Rights Are Terminated?

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My daughter is a foster-to-adopt parent of a now 19-month-old whose unmarried parents are unwed and meth addicted. The court just today terminated the father’s services and the next hearing date in a few months is to consider termination of his parental rights. He’s been denied paternity of the boy until required to take the appropriate test and has only seen him once, although he claims DCFS hasn’t returned his calls, during the time. He has relapsed and disappeared for periods of time, has no full-time employment at this time and no stable home. The mother has been out of the picture since the boy’s premature birth at 29 weeks and has 4 other children she has relinquished to the system. There is no one in the father’s family who wants to parent this child. The child is thriving in pre-school and learning very quickly despite his preemie status at birth. His early physical shortcomings were corrected by therapy and he appears as the happiest, sweetly dispositioned toddler. At this point we have heard that the father is going to fight the termination of his parental rights which is devastating to us as my daughter intends to adopt this child. What are the chances the L.A. County system will not terminate the father’s rights?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

You should contact a adoption law attorney to obtain legal advice and guidance. An attorney will be able to review your case and tell you the likelihood of whether your daughter will be able to adopt the child. The father may or may not show up to the hearing. The court typically seeks to foster the parent-child relationship. If the father retains his parental rights and continues to use drugs, this will pose a danger to the child. Your daughter may want to request for supervised visits. Again, you should talk to an experienced adoption law attorney about the situation before you proceed.

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Author: House Attorney