Legal Question in Family Law in Indiana
I am the legal guardian of an almost 2 year old. I have been his guardian legally since he was 4 weeks old, but he's been in my care since birth. Natural mother signed an adoption consent, also agreeing to terminate her rights and allow me to adopt the child. How long can I wait to file for his adoption? Even if not filing should I file the consent on his guardianship case? Is there a chance the courts will waive home study since he has been living here all his life?
1 Answer from Attorneys
There is no reason why you cannot proceed with the adoption now. Realize that the mother could one day come back and demand the child, and could be compelled to return the child to her. An Indiana guardianship is not a bar to a mother reclaiming her parental rights. However, an adoption is such a bar. Once the adoption is done, it's pretty much set in concrete. She cannot "undo" the adoption. One thing that has to be considered as well, though, is the father. He has to be given notice of the adoption proceedings. It may be that he is not a factor if he has not been involved in the life of the child. See as lawyer to learn more and begin the process.
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