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The state filed to TPR on both parents in Feb 2007. We also filed a petition to adopt Feb 2007. We filed because the Mexican consulate had contacted the CW that bio dad was now wanting the kids back and that they had the power to override the US courts over the matter (alluding that they had powers like ICWA). We had already been contemplating hiring a lawyer, but this solidfied our decision. We knew that was not true, but afraid the local DCS/judges would just let the kids go in order to avoid a fight. They probably would have too, but given that we had a good case and a strong lawyer behind us, they joined our efforts.
Because the adoption petition takes 'precident' over the TPR (since if the judge ruled in our favor, TPR would have been automatic), the 2 separate cases were combined. For awhile there were 4 parties involved. Us, bio mom, bio dad, and DCS/GAL. The bios were working together for awhile, but bio mom knew she didn't have a chance to win (was never involved in the case) and her lawyer adviced her that bio dad's chances were slim. So she signed consents to us in order to secure even the slightest chance to see the kids in the future. She's also willing to testify on our behalf.
The biggest delays in the whole process is just getting bounced all around on the court docket. The court that handles these matters is definitely booked all the time. The judge who is currently 'head' of that court has been ill and was set to retire anyway. He has not been on the bench since mid June? There are other judges/magistrates/commissioners who are handling regular adoptions and other minor court matters.
So Hadley to answer your question...we didn't petition to terminate.....we petitioned to adopt saying that the bios abandoned the kids for over 12 mos, were unfit, and had provided not type of support or communication, therefore we did not need their consent to adopt. We had to file notice to both parents that we intended to adopt the kids. Bio mom did not contest, but did enter the case later. Bio dad contested right away (with his 2 free lawyers--one paid for by the state, one paid for by Mexico/consulate). He has yet to even prove paternity in almost 3 years.....which that alone is enough to throw his contesting out the window, but the judge wanted to hear the merits of the case. So we wait. And wait. And wait.
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