QUESTION

Can my mother in law adopt my child?

Asked on Jul 22nd, 2020 on Family Law - Tennessee
More details to this question:
My mother-in-law got custody of my daughter a few years ago. The court told us that once we complete an IOP program have a place of our own and pass drug test we can petition the court to get her back. We have already completed our programs, and are in the process of getting our own place. as soon as we move in I was going to call DCS myself and let them know how far we have come and that we need you start being drug tested and having them come in our home to make sure it is okay. But my mother-in-law has started to say she is going to adopt my daughter and she's trying to say that she's doing it so my daughter will get a social security check because her husband gets one? Can she adopt her if we are in her life I'm currently living with her. I honestly feel like she is doing this because she knows how hard I work and how close I'm getting to being able to have my daughter back I think she doesn't like it.
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1 ANSWER

Family Law Attorney serving Nashville, TN at WalshLaw
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Under the circumstances you described, I think she would have some difficulty terminating your parental rights and adopting your child. Now, I'm not trying to be funny when I say she probably describes the situation differently. If I read her description, maybe I would say an adoption is possible. The grounds that people usually use in a case like yours would be that the child was placed into DCS custody, which then I guess went to your mother-in-law, and that you have failed to remedy the conditions that lead to the child's removal from your test today. Your post says you have remedied those conditions, so that would be the big disagreement. You said you are working on getting to the place DSS said you needed to be. If it's been a few months that's OK, if it's been a couple years and you are still "working on it," you are getting closer to the kind of situation where a court could terminate your rights.
Answered on Jul 23rd, 2020 at 6:20 AM

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