Birth Mother Attempting to Regain Guardianship

[shawnb01]

My question involves guardianship in the State of: Arkansas. Some background information first: Our next-door neighbor's granddaughter had a child in July, 2008 when she was 17 years old and still in high school. She does not know who the father of the child is. The child's mother asked my wife to babysit the child while she attended her senior year of high school and until the child was old enough to get into daycare. When the child was 4 weeks old babysitting began. During the time the mother was in school we had the child 5 days a week for all of the school day and many days had the child into the night and even overnights. We also kept him on several weekends when his mother wanted to party with her friends from school. The child never went to daycare. After she graduated high school in May, 2009 she got a job so we still kept the child. She was fired from more than one job and even though she had no money to pay us we still kept the child on regular occasions. She also got into legal trouble due to unpaid traffic fines and had a warrant for her arrest in 2 different Arkansas counties. Eventually the mother moved out-of-town (without the child) and in October, 2009 we were named legal guardians by the court. The mother had agreed to this. While away she had little to no personal contact with the child. She eventually moved to another town with a man who had just been released from prison and they also got into trouble with the law for fleeing the scene of an accident and not having insurance. They lived in a camper trailer where they had no running water and had to walk to another house to bathe. They then left that residence and basically became homeless and lived under a bridge until the weather became too cold. She is pregnant also and due in October, 2012. Earlier this year they moved in with her biological father (not her legal father) and just recently her boyfriend has been sent back to jail. She has stated she is now going to fight to get the child since she believes the court will look at her favorably now that she lives in a stable home and her bio dad is going to help her fight. Her history shows she burns all her bridges with people who try to help her and then she has to find another place to live and I don't expect her living arrangements to stay the same as they are now. She has had almost no contact with the child since we were named guardians and the child doesn't even understand that she is his mother. He is almost 4 years old and has not known in other parents since he was a year old.

My question is, what is the likelihood of the court rescinding the guardianship and what would we have to do to keep that from happening? At one point the mother was open to allowing us to adopt the child as an open adoption but now she says she is not. My wife thinks if we go ahead and start the adoption process that she will back down if we agree to an open adoption.

[aardvarc]

She does not know who the father of the child is.

Unless she was in a coma or reported a rape by a stranger, she has SOME idea of who potential fathers might be. Before all parental rights regarding the child can be terminated, the court will want there to be notification to potential fathers, to give them any opportunity to establish THEIR rights, as the courts are generally unwilling to adopt a child out from under a potential parent who may not even know the child exists.

The child's mother asked my wife to babysit the child while she attended her senior year of high school and until the child was old enough to get into daycare. When the child was 4 weeks old babysitting began. During the time the mother was in school we had the child 5 days a week for all of the school day and many days had the child into the night and even overnights. We also kept him on several weekends when his mother wanted to party with her friends from school. The child never went to daycare.

That's a heck of a lot of babysitting. Was there compensation involved?

Eventually the mother moved out-of-town (without the child) and in October, 2009 we were named legal guardians by the court. The mother had agreed to this.

Still no attempts to identify or notify a potential father up till now? Mom's rights were not terminated at this point, correct?

Earlier this year they moved in with her biological father (not her legal father... She has stated she is now going to fight to get the child since she believes the court will look at her favorably now that she lives in a stable home and her bio dad is going to help her fight.

Yes, those things work in her favor. The court won't hold it against her that her bio father isn't her legal father. That's an issue due to her mother, not her.

Her history shows she burns all her bridges with people who try to help her and then she has to find another place to live and I don't expect her living arrangements to stay the same as they are now. She has had almost no contact with the child since we were named guardians

Those things can certainly work against her.

and the child doesn't even understand that she is his mother. He is almost 4 years old and has not known in other parents since he was a year old.

No, but even a 4 year old can comprehend who people are, and the courts may be displeased with YOU if he's unaware that he's got a mother, even if an absent one.

My question is, what is the likelihood of the court rescinding the guardianship

We can't possibly give "odds" on something like that. We've only got one side of the story to work with. If mom's rights weren't terminated due to everything you've listed, that means that the court is still open to the idea of returning her to status as the child's legal guardian. So she's got at least a shot. How much of a shot we can't say. The court will have to weigh all elements of the situation.

and what would we have to do to keep that from happening?

Have an attorney who can argue against it more successfully than she can argue in favor of it.

At one point the mother was open to allowing us to adopt the child as an open adoption but now she says she is not. My wife thinks if we go ahead and start the adoption process that she will back down if we agree to an open adoption.

That's a strategy to discuss with your attorney. Being aware that the father issue will still be an issue and will complicate an adoption. In other words, starting that process could end with you adopting the child, or, could also end with a potential father being notified and HIM seeking legal custody of his child, loosing the child to you forever. Consult local counsel.

[shawnb01]

Unless she was in a coma or reported a rape by a stranger, she has SOME idea of who potential fathers might be. Before all parental rights regarding the child can be terminated, the court will want there to be notification to potential fathers, to give them any opportunity to establish THEIR rights, as the courts are generally unwilling to adopt a child out from under a potential parent who may not even know the child exists.

She says the child was conceived during a multiple-partner encounter under the bleachers of the high school football field. I'm not sure if she knew the names of these boys.

That's a heck of a lot of babysitting. Was there compensation involved?

We were paid while the mother was in school by her adopted father and other family members. After she graduated high school we would keep the child when asked without payment because we knew the mom was going to be around drugs and alcohol and we didn't want the baby exposed to that environment. Mom was more than willing to let us keep him. There were times when she asked and we were unable to do so and she would get upset with us because we were keeping her from being able to party whenever she wanted to.

Still no attempts to identify or notify a potential father up till now? Mom's rights were not terminated at this point, correct?

Our attorney had a putative father search of the Arkansas registry done but that is all. No, mom's rights were not terminated.

Yes, those things work in her favor. The court won't hold it against her that her bio father isn't her legal father. That's an issue due to her mother, not her.

I only pointed that out because her bio father had signed away his rights to her. Her mother died when she was young and the man she was married to adopted her.

No, but even a 4 year old can comprehend who people are, and the courts may be displeased with YOU if he's unaware that he's got a mother, even if an absent one.

Maybe I was unclear on this--he does know he has a mother and he knows who she is. However, she has not made any reasonable attempts to have personal contact with him. For instance, earlier this year she moved back in with her adoptive dad who lives in the same town we do and she never came to visit. We even took the child to his house to visit her (she knew we were coming) and when we got there she had gone to bed. On another occasion she came to visit her grandparents who live NEXT DOOR to us. She called while the child was taking a nap and my wife told her that as soon as he was awake she would bring him over. She called later and said she couldn't wait so she left. She had not seen the child in several months as she had moved away.