South Bend, IN asked in Adoption and Family Law for Indiana

Q: Does having a closed dcfs case automatically disqualify someone from adoption?

My husband has a daughter, her biological mother has not seen or talked to her in a year and a half. I would like to adopt her through stepparent adoption. We know we would have to argue for her rights to be involuntarily terminated for abandonment. My issue is, I have a DCFS case because prior to knowing I was pregnant, I smoked marijuana (in a legal state). My son’s cord blood tested positive. The case was closed almost immediately, and in the report it clearly states I was smoking in a legal state, and was unaware I was pregnant at the time i smoked and quit smoking once i found out i was pregnant. It also states my son is healthy, well cared for, attends all his doctors appointments/receives appropriate medical care, has all his needs met, the home environment is safe, etc. I know a DCFS check will be ran if I were to file to adopt. Does having a closed dcfs case automatically disqualify someone from adoption? Will they consider the actual case report or is it an automatic no?

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1 Lawyer Answer
James A Hanson
James A Hanson
  • Family Law Lawyer
  • Fort Wayne, IN
  • Licensed in Indiana

A: Based on the facts you provide in your question, it is likely you won't have much trouble with an adoption. However, because you have that CPS record, it would be helpful to hire a family law attorney to guide you through the process and iron out any wrinkles with the court regarding your prior CPS case.

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