What do you do when a birth parent can’t be found? Can their parental rights automatically be terminated?
Lil Bit’s birth father is missing. All we know is that he is somewhere in Mexico. The State has been working with the Mexican consulate to locate the father; however, the dad has a fairly common name. For example, imagine trying to find an “Eduardo Hernandez” somewhere in Mexico.
Photo courtesy of walknboston on Flickr
Termination of parental rights is scheduled for next week; however, the baby’s ad litem attorney is concerned. Last week, she called a special hearing in order to discuss this matter with the judge. After making numerous changes to our family’s schedules, I was able to make it to the hearing.
Our less-expensive attorney (at only $200 per hour) is waiting as I walk up to the courthouse.
“Bad news. The docket is overflowing from this morning and there is no telling how long it will be before this case goes before the judge.”
Oh great! ($200 times all afternoon equals a butt-load of money!!!)
We go inside and take a seat in the courtroom. Strangely, the judge comes out and as everyone is standing, he says, “No, no, you can remain sitting.” At this point, my attorney excuses himself.
A few minutes later, as others are squeezing into the bench beside me, our attorney comes up to me and nudges me to follow him outside.
After making our way out the door into the hall, he tells me that he and the ad litem had already met with the judge in his chambers. Apparently, the judge addressed the ad litem’s concerns by appointing an attorney to represent the birth father’s interests – an attorney to represent the birth father’s empty chair at the termination hearing still scheduled for next week.
Let’s hope this new attorney doesn’t request a continuance….
Thanks to Danni for the support. She is currently enrolled in online social work courses and spends her free time as a nanny and volunteer at the
local food bank.
{ 18 comments… read them below or add one }
Oye!!! Life as a foster parent as we know it, right?!? We had a similar situation with our kiddos. It’s not fun.
Check out what Mama Lark recently posted..Introducing the MamaMania panel
How incredibly frustrating! Praying for a swift and easy process!
Check out what Kelly Caffee recently posted..Wordless Wednesday
Twitter: lamamaloca5
March 24, 2011 at 6:30 pm
Oh I’m sure he’ll TRY it! Hopefully the judge doesn’t allow it though!!
Are you going to be going to the trial? Will you have to testify?
Have they sorted out any of the citizenship issues yet?
Check out what La Mama Loca recently posted..Join the maniaMama Mania!
Twitter: Foster2Forever
March 28, 2011 at 12:42 pm
Yes, I’ll be going to the hearing. I haven’t been asked to testify. Lil Bit’s citizenship issue will probably be discussed.
Oh Man, talk about sitting on pins and needles. We had the same type of issue with our adoption. The father couldn’t be found for months… then he appears right before trial and request a paternity test. So I take Aiden to get his side of it. Turned out in court he didn’t show up for the actual trial, AND never went to get his half of the dna test done. The judge decided if he couldn’t show up for a test or trial, he didn’t need to be a father. Rights were terminated then. Thank goodness. I hope things go as well for you. I’ll be praying for the best.
wow! so complicated!! praying for the trial next week!
Check out what sonya recently posted..i have no patience
at my child’s termination hearing, the biological mom had an attorney even though the chair was also “empty”. It’s better they do it this way. I’m hoping for some sort of closure for you guys though!
Check out what Dannie recently posted..Tuesday Truisms
Here, when a parent can’t be found through diligent efforts, notification to that parent of the pending TPR hearing date is accomplished by publication. The parent then must show up or forfeit his/her rights. Publication is a legal way of giving notice to a person (when they can’t be served court papers directly). Once a week for three weeks, a notice is published in a newspaper with the same info that would be handed to the person: date and purpose of hearing, parties involved, requirement to attend, etc. The newspaper must either be in the city/county of the last known residence of the person to be notified OR if that is unknown, it must publish in the county of the court hearing (aka local paper). This type of publication usually runs in the cheapest (often least read) paper in the area, but it meets the legal requirement. In law school, they call notice by publication a legal fiction – yes, you met the notification goal since the hearing was announced publicly, but no one ever reads the notices!
Check out what Diane recently posted..A Positive Sign
Twitter: Foster2Forever
March 28, 2011 at 12:44 pm
The problem with locating our Lil Bit’s father is that the State has to work through the Mexican consulate…so notification is left to the Mexican government. Doesn’t that give you a warm and fuzzy?
Holy moly!!! Prayers and hugs!!
It is amazing that the absentee parent has so many rights. I definitely want to make sure that the parent has the opportunity to stand up and take his/her rightful spot as the parent if he/she is capable of doing so. I can also understand the desire to notify a parent before rights are terminated especially when they may not know they have a child. Unfortunately, this affects the children the worst. As the foster parent, it’s hard to understand how the parent should have any rights when consistently don’t show up to court, they don’t try to have any visits, they don’t pay their child support – what makes them think they will be a good parent and should have rights? Argh.
That’s crazy that they are going to “represent” a non-existent person! They tried to terminate my fs’ dad’s rights at his first court hearing. They just called him “John Doe” although they ended up finding out who he is (they think he’s the father), but don’t know where he is! {Rights not terminated, btw.}
I love reading your blog and it’s one of the many blogs that inspired me to create my own and it gives me confidence in this whole new foster care world. Because of that I just “featured” your blog in this post: http://foryoubylove.blogspot.com/2011/03/fostering-fridays.html
Hope your weekend is going well and this whole baby’s-daddy (lol) mess blows over smooth and soon!
Check out what alison recently posted..Fostering Fridays
Twitter: Foster2Forever
March 28, 2011 at 12:45 pm
Thanks for the feature! Love your blog! I’m looking forward to following your adventures!
Wow, it is so different with each case. With ours, father was somewhere in Mexico too–but state just put out publications, etc. and terminated after following all the guidelines and no one showing…
Twitter: Foster2Forever
March 28, 2011 at 12:47 pm
This office in this region of Texas is handling everything through the Mexican consulate. Maybe different states have different procedures?
Twitter: lamamaloca5
March 28, 2011 at 8:06 pm
I have found that no one really knows how to deal with bio parents in other countries. Majority is a guessing game! Our case set a lot of precedent as far as DCS making an effort to let the Mexican Consulate know when children of illegal Mexicans were removed. 99% of the time, they don’t do anything, but I suppose now they have the option. However, then you have people of other countries here as well, where there is no consulate…so then they just flounder around. It has definitely been a growing problem in our area (mid-Indiana)….vs an area/state with a large Hispanic population deeply integrated.
Check out what La Mama Loca recently posted..My snuggle bug
Twitter: ithoughtiknewma
April 13, 2011 at 4:50 pm
How frustrating!
Stumbled!
Check out what Charise @ I Thought I Knew Mama recently posted..Wordless Wednesday- What does Spring mean to Baby
Twitter: thebudgetdiet
April 13, 2011 at 8:34 pm
Lil Bit is lucky to have you!
Check out what Kristl Story recently posted..Easy At Home Teeth Whitening for Any Budget