|
I know this reply is a bit later than most, but I hope if will be of some help anyway. I am in almost the EXACT same position, and so I have lots of advice to give. I am under the asumption that you are in oregon, so here goes.
Your "bible" on this subject should be Oregon ORS 109. This is all about adoptions in Oregon. I can give you some numbers to look at so that you may not even have to hire an attorney (we just did this, and let me tell you, it is way expensive!) I recomend John Case of Feibleman and Case Attorneys if you do go that direction though. He is out of the Portland area.
109.119 Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship; presumption regarding legal parent; motion for intervention- : This isn't necessarily for step-parent, but it does tend to make this relationship more dependent upon what the child wants
109.314 Consent when custody of child has been awarded in divorce proceedings. I cna't remember if you mentioned that this child has come out of a divorce or not, but this would work for it.
109.324 Consent when parent has deserted or neglected child. (This is the MOST IMPORTANT ONE regarding your situation) "If either parent is believed to have willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child for one year next preceding the filing of the petition for adoption and such parent does not consent in writing to the adoption, there shall be served upon such parent a citation in accordance with ORS 109.330 to show cause why the adoption of the child should not be ordered." Doesn't hand you the child, but it does give you an incredibly convincing case, eh? If she does not show up to respond to this citation, then you could possibly win your step daughter by default. In which case this ordanance is very important:
109.324 Consent when parent has deserted or neglected child. If, you file this with the court and after a year she comes to contest your claim, you can use this ordainance against her since she does not support her daughter or even show simple interest in her life.
Also, I should let you know I am not a lawyer, so please dont' get mad at me if all this stuff is screwed up...and I have not tried these ordainences in court, but as far as oregon law runs, you might have a potentially great case.
Good Luck!
|