Adoption

how long for TPR?

erinmc1erinmc1 member
edited November 2013 in Adoption

Our son is 7 months old and we've had him since day 1. His mom and birth dad of record both signed the consent to adopt 2 days after his birth, but I called our attorney to check in a couple weeks ago, and he stil hasn't gotten a court date to terminate the parental rights.  He said he was still waiting on the court to schedule.  This seems really odd to me, that it's taking so long. 

How long did yours take?

ETA: I'm not talking about the end of the revocation of consent to adopt.  I know that's different in each state, but is based on when the parents sign consent.  In Pennsylvania, you still have to have a hearing to make the TPR legally binding after the revocation period is up.  Our lawyer sucks because J is nearly 8 months old, the consent was signed by both parents right after birth, and he STILL hasn't applied for a court date to officially terminate parental rights. 

Re: how long for TPR?

  • bhead81bhead81 member
    edited November 2013
    We finalized 2 weeks before B's first bday and he was placed with us at birth.  Ours was a bit unusual as we live in AZ but finalized in CA and had to deal with ICWA.  Our hold up was due to a HORRIBLE case worker in CA who did not complete her required reports timely (she had 180 days to complete but it took her almost 300). We were also assigned a judge who did not know ICWA so she held an extra court case to give the tribe and BM a chance to step in and chose to parent.  We got the short end of the stick when it came to court cases and it was a very long 11.5 months but it was worth it.
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  • TPR for DD's birthmom, per state laws, was 30 days after she signed (which was 72 hours after hospital discharge)

    DD's birthfather wanted nothing to do with anything, so we had to wait for court to do TPR. And he had to be served. And they had to use some clause in state law to get that done. And our lawyer's paralegal was in a car crash with head injuries, so his office was being run by temps. So that took 6 months.

    Finalization was 30 days after TPR on bio dad

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  • We have an unknown birth father. TPR became final 30 days after signing for birth mother. We are waiting for finalization now- we have completed post-placement visits and things are "working there ways around the attorneys"
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  • In our state TPR can happen 24 hours after the birth and our agency usually does it at the hospiral, but since our adoption fell under ICWA laws, in our case it was done in front of a judge 2 weeks later.

    Finalization takes about 6 or 7 months for us.
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  • I was actually referring to the court declaration that the rights have been terminated.  Our consent to adopt revocation period expired more than 6 months ago.  The lawyer just has to get a court date to have a judge sign off on it, and it's taking him forever.
  • There was no court declaration for BM, since her TPR was voluntary
  • oh---I think we have that too, but it's all handled between agency and lawyers and they don't update us about it at all. Despite asking multiple times.  But my understanding, at least in my state (NY) is that those things should happen very quickly in tandem with TPR--like Day 30 happens and then the lawyers present.

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  • Our daughter was born in January and TPR didn't occur till July.  Then the birthparents had another 30 days after that to appeal the TPR ruling.  So all in all they legally had 7 months to change their minds, though the month after TPR would have been very difficult to overturn the ruling.  It was a stressful time to say the least!!  By the way, we live in CT and adopted in CT.
    Christa
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  • @cvpis4me that's crazy making.

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  • Our TPR was signed the day after the chose us. They had up to 60 days post-birth to sign it, though. Then there's a 10-business day revocation period we had to sit through after TPR was signed. We had a 90-day post-placement "provisional period" with our agency where we still had to have home visits with our SW, do documentation of his development and blah blah blah for 3 months. THEN our agency submitted for our finalization, which happened 3 weeks later and just shy of Evan turning 6 months.
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  • I'm in the finalization limbo now @Mush-Tastic and it's making me nuts.
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  • We got DD at birth TPR on birth father went through the courts because he didn't want to be bothered with signing any papers. He was served 28 before birth so 2 days after TPR went through on him. B-Mom TPR occurred 30 day s after we brought DD home. Finalization was right before Christmas last year so, about 3 months after DD was born.

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  • 8 months sounds like a long time. 
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  • I called again Friday, left a message, and didn't hear back from him, so I called my social worker and she said she'd run it up the ladder.  I called again today and he said he was just about to call me. 

    (:|

    He said he finally got a court date for next month.  I wonder how long it would have taken if my social worker hadn't complained to the agency director?  He also mentioned that after the 30 day appeal wait is up, he'll file the adoption petition immediately, but the family court only does adoptions twice per month, so we're "kind of at their mercy as far as a date."  Sounds like a built-in excuse to take forever with that, unfortunately. 

  • Because of the adoption tax credit changing in 2012, my attorney did awesome rushing finalization so we actually finalized December 28th, 2012 (DD was born 9/25/12).  And we didn't actually go to court..we just had her new BC mailed to us.
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