pmwatts
08-28-2005, 01:07 AM
We are in the process of terminating parental rights on my daughter and her husband (who are separated), so that we can adopt my granddaughter who has lived with us for 2+ years. The problem is that I am finding it necessary to file for a Temporary Restraining Order to prevent my daughter from removing the child from our home in the interim. The forms I am using (from the law library) mention a "temporary injunction/writ of injunction". Most of these forms are geared towards a divorce situation, where they're trying to keep someone from selling property, etc. My question is "if all I'm doing is trying to keep the child in our home", do I need to include the clauses for a Temporary Injunction (there is no property involved) in my paperwork?
elklaw
09-04-2005, 06:11 PM
You probably just need to ask the court for a proviso that the child have no contact with the bio parents, or only supervised contact with the child, and state that the child cannot be removed from the county or state by the bio parents since the child is in your custody. I think you also may want to consider filign a petition for legal guardianship and not for an adoption at this point in time. It takes less time and gives you the right to make decisions for the child and be the primary custodian of the child. An adoption seems extreme for this family situation. I think you should think long and hard before adopting when you can accomplish the same thing by filing a petition for legal guardianship. I think you should give it some time, as your child may reform later. It is hard to say. I also suggest speaking with local legal counsel.
pmwatts
09-04-2005, 06:44 PM
The only reason we want to file for adoption is because my husband is retired/disabled and we have checked with both the Veteran's Admin. and Social Security Admin. and the only way she would be considered his dependent for financial/educational/medical purposes is if we adopt her. Should something happen to my husband, I would at least have some security in my ability to raise her and provide for her. I too, keep hoping my daughter will change, but she also has another child from a previous marriage who lives with his father, who she doesn't stay in contact with, is in arrears on her child support and doesn't exercise her visitation privileges. I don't know how long you wait to see if they are going to change. In the meantime, you have to provide for the children and plan for their future security too.