Legal Question in Family Law in Colorado
Custody battle between foster parents who wish to adopt and a birth mother who o
I'm a novelist (''Open Season'' published in 2001, ''Savage Run'' to be
published in June, 2002) doing research for my third book. In the book,
the protagonist and his wife are foster parents for a little girl who was
abandoned by her birth mother three years before. The birth mother has
not kept in contact with the child in any way, although she has sent letters
to the local judge saying she intends to reclaim the child when she gets her
life in order. The protagonists want to adopt the child, but have been
delayed. The birth mother shows up with a decree by a judge in another
jurisdiction ordering the immediate return of the child -- and then the birth
mother picks up the child at school and takes her away. What -- if anything
-- can the foster parents/protagonists do to regain custody of the child with
the purpose of adopting her?
Although the novel takes place in Wyoming, it isn't essential that your
advice be technically correct for Wyoming in particular.
I appreciate the assistance, and will credit the attorney who provides it in
the acknowledgements of the novel which will be published by Putnam in
2003 and be entitled ''Winterkill.''
1 Answer from Attorneys
Re: Custody battle between foster parents who wish to adopt and a birth mother w
Foster parents lose. There is not much they can do. You can make things a little more twisted, if at the time the mother picks up the children, a termination of parental rights action is started in Wyoming. The State of Wyoming will have to start the action in your scenario. Parental rights can be terminated according to the grounds set forth in Wyoming Statute 14-2-309, one of which is that the child has been left in the care of another person without provision for the child's suppourt and without communication from the absent parent for a period of at least (1) year.
While possible, it is not likely that a court from another state would issue a decree changing custody so long as the children have remained in the Wyoming jurisdiction for at least 6 months. The uniform child custody jurisdiction act places jurisdiction over children issues in the jurisdiction where the children have resided for the last six months.
In Wyoming, we have, in the past, had a problem where the State of Wyoming moved to terminate a mother's parental rights, and place the child with foster parents, when, low and behold, the natural father appears and says, "What the heck is going on here?"
The Supreme Court of Wyoming gave the natural child to the natural father who had no notice of what was going on.
Interesting premise. Good luck.
Tom
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