How do I adopt w/out knowing the parents whereabouts?

Question

I have a temporary custody order from MS. (for my neice and nephew) but I live in TN. I've had them for 6 years, and the parents have no contact....I don't even know where they live. Is there any easy way (or quick loophole) for me to get permanent custody or possibly adopt them w/out having to search for the parents and drag it out for years?? Any advice please??

Answer 1

It would probably be easier, and faster, to try to find the parents.  They have rights, no matter how poorly they treat the child, or how little they seem to care.  I believe that abandonment takes four or five years AFTER you petition for it.  

Contact an adoption attorney.  If you have any information about either one of the parents, they can probably find them through tax records or other sources.  

If they really don't care, then they probably won't have a problem with the adoption.

Answer 2

Yes, you can. You can file the petition to adopt, summons the parents to court by publication in the paper, and when they do not respond, the judge will grant the adoption. The whole process should not take more than a couple of months or so. A guardian ad litem (i.e., attorney for the kids' interests alone) may or may not be appointed by the Court, each county does things its own way. I can't imagine a judge around here that would not grant the adoption when you have been the sole caregiver for 6 years.  

You probably already know that you will need to do this through the same court where the temporary order was issued - the matter is still under that court's jurisdiction. I would contact the attorney who did that for you. Or, if you had no attorney then, contact a family law attorney in the same county to inquire about the process and the costs.

Good luck, and I really don't think this will be a problem for you.

Answer 3

Yes!  Depending on the laws in both states, you can file on the grounds of abandonment.  Contact an EXPERIENCED adoption attorney and ask your questions.  If the abandonment grounds are not strong enough in your state, then you may have to hire a private detective to  do a diligent search for the birthparents.  Almost everyone can be found!  Heck, send me their names, and your email and I will search for you.  I have a website I subscribe to.

Answer 4

Are the children placed with youth thru Children & Youth of one of the states?  If so, express your desires to adopt with them.  They can actually go to court to gain custody of the child and then allow you to adopt them through kinship care programs.  I know because we were in a similar situation when adopting my son - who was living with his bio-grandparents at the time.  The state actually tried to stop our private adoption to make him a ward of the state.  We were blessed that a family court judge felt that the private adoption was better for our special needs son rather than going thru the foster care program.

Answer 5

I would contact an adoption lawyer but sounds like you have a good case for abandonment. No contact and I am guessing no child support. Shouldn't be hard at all. Call a lawyer

Answer 6

Contact a lawyer but I have a feeling you will have to notify the parents..Good Luck!