posted
And we know for certain it can be done in Alabama as well, since it was in my case though I don't know if it would have been different had my mom not been able to sign. At the very least, they severed my father's parental rights without his consent.
Edit: Ok, it looks like step-parent adoptions are treated differently in Alabama. However, the Alabama code is very clear that parental rights can be severed, I'm not going to quote the whole thing, it's really long so I'll just put in the most pertinent sections.
quote:Section 26-18-7 Grounds for termination of parental rights; factors considered; presumption arising from abandonment.
(a) If the court finds from clear and convincing evidence, competent, material, and relevant in nature, that the parents of a child are unable or unwilling to discharge their responsibilities to and for the child, or that the conduct or condition of the parents is such as to render them unable to properly care for the child and that such conduct or condition is unlikely to change in the foreseeable future, it may terminate the parental rights of the parents. In determining whether or not the parents are unable or unwilling to discharge their responsibilities to and for the child, the court shall consider, and in cases of voluntary relinquishment of parental rights may consider, but not be limited to, the following:
(1) That the parents have abandoned the child, provided that in such cases, proof shall not be required of reasonable efforts to prevent removal or reunite the child with the parents.
(2) Emotional illness, mental illness or mental deficiency of the parent, or excessive use of alcohol or controlled substances, of such duration or nature as to render the parent unable to care for needs of the child.
(3) That the parent has tortured, abused, cruelly beaten, or otherwise maltreated the child, or attempted to torture, abuse, cruelly beat, or otherwise maltreat the child, or the child is in clear and present danger of being thus tortured, abused, cruelly beaten, or otherwise maltreated as evidenced by such treatment of a sibling.
It continues on, but those are the ones that apply to our discussion - if a parent has abandoned or abused a child, they absolutely can have their rights severed.
posted
There could be (and probably are) many cases where the parents are juuuuuuust present enough to prevent the state from terminating rights without their consent, but still not putting anything like a reasonable effort towards being there for the kid. I know there are some children that bounce between foster care and their parent's home without it ever getting settled either way.
Posts: 1753 | Registered: Aug 2002
| IP: Logged |
To me, that speaks of an inadequacy in the state's laws on the subject.
I think it likely that abusive parents and mentally not well, and I wouldn't expect a mentally unwell person to exercise the best judgment. The state needs to exercise that judgment for them.
(I find myself curious to know just how offensive that statement is to those among us who favor minimal state powers.)
Posts: 13680 | Registered: Mar 2002
| IP: Logged |
posted
There may well be a difference between what any given state court is likely to do and what it is able to do. Sometimes the culture can vary widely from one region to the next.
Posts: 14017 | Registered: May 2000
| IP: Logged |
posted
If you see my edit above (you guys were faster than me and have already settled the point) you'll note in Alabama the mental illness of the parent can be grounds from removal.
I'm not disputing that the state doesn't make mistakes or that some children are not trapped in custody nightmares, but that's a failing of the people who carry out the laws, not the law itself. Provisions are there to remove children from abusive homes or homes where parents don't care about them. Whether or not child protective services always do their job well, that can be argued.
And, of course, there may be situations in which the services hold out hope the parents can get their act together and the family can be reunited. That should always be a goal, where possible.
Posts: 14428 | Registered: Aug 2001
| IP: Logged |
quote:In my own case, actually. After my mom remarried, my step-father wanted to adopt us but my birth father was nowhere to be found and couldn't be reached to sign away the rights. If what you're saying is true, Rabbit, I should never have been adopted, but I was. Got the birth certificate to prove it.
I have a friend in a similar situation. He has tried to legally adopt his wife's son but has been unable to because the father can't be located. His situation probably involves international law since the father is not a US citizen. I'm afraid I don't know all the legal details or even how far they have pursued the issue.
I have also personally known some families with permanent foster children who were unable to legally adopt them because the birth parents wouldn't relinquish their rights. I had assumed that this was the only legal possibility. Based on CT's link, it appears that the courts could have severed the birth parents rights without their consent but for some reason did not.
Posts: 12591 | Registered: Jan 2000
| IP: Logged |
posted
Sorry. I've taken to purposely calling people on Hatrack by their handles, even when I know their names.
Posts: 13680 | Registered: Mar 2002
| IP: Logged |
posted
I probably should have changed the topic earlier (or stopped it dead had the subject not moved on well before I saw the thread in the first place), as I have a sort of unwritten policy on negative threads about a specific Hatracker. I don't believe that's what this thread is (certainly not what it is now), but I think the name in the subject is not necessary. I could lock this thread and ask you to take the topic to a new thread if you wish to continue, but I'd rather not.
quote:Originally posted by Rakeesh: It bears something in common with a suggestion I've often hear from pro-choicers, for example, that abortion should be kept legal to help 'save' children of poor parents from growing up in poverty.
Please note I'm not saying it's the same thing, I'm saying there's something in common.
Sorry, in this thread we get to decide how we interpret what you said, regardless of any notes you add about what you really mean. Posts: 3950 | Registered: Mar 2006
| IP: Logged |
Printer-friendly view of this topic
![[Taunt]](graemlins/taunt.gif)
![[Smile]](smile.gif)
![[Wink]](wink.gif)
