Attempting to terminate BM's rights

[BelleMere]

This is all taking place in Louisiana. I am the SM and want to adopt my two skids ages 14 and 16 (17 in January). I already have CO'd physical and legal custody of them after the department of social services gave them to us (they were removed from her custody by social services when she was arrested). BM is in jail in a county four hours away for attempting to murder them both in that county (she plead guilty about four years ago).

She writes to them monthly - they almost never write back. She also doesn't pay CS and we never tried to get a CS order, since she's in jail. We've been in therapy for ages, she's never (to our knowledge) sought any mental health assistance while in jail.

She'll be in jail until 2013 or so - long after both skids are out of high school. We sent paperwork for her to voluntarily sign for adoption, which she refused to do. She wants her daughter (my SD) to write and tell her if adoption is what she (SD) wants or not. My SS (the older child) did send a note telling her it's what he wants. We don't think SD should have to write a letter to her like that even tho SD does want it - she is afraid of her mother, understandably.

We are filing to terminate her rights based on what she went to jail for (attempting to murder them) which under La. law is possible grounds for involuntary termination of rights. My questions are:

1. Would you encourage SD to write a her a note - something brief - in the hopes that BM actually would sign, if she got such a letter? Or would that be pressuring SD?

2. What can BM do to fight the termination?

3. Can the fact that BM at one point wanted phone contact with the kids but we changed the phone number to avoid that work against us, in terms of interfering with her contact with her children (even tho she tried to kill them)?

[socrateaser]

>1. Would you encourage SD to write a her a note - something
>brief - in the hopes that BM actually would sign, if she got
>such a letter? Or would that be pressuring SD?

I don't really see how it can hurt. If the mother is as hostile as you suggest, she's gonna say no, but so what?

>2. What can BM do to fight the termination?

Try to prove clearly and convincingly that termination isn't in the child's best interests. If you have a criminal judgment for attempted murder as evidence to support the termination, I think that by itself will carry the burden of proof for a termination of parental rights.

>3. Can the fact that BM at one point wanted phone contact with
>the kids but we changed the phone number to avoid that work
>against us, in terms of interfering with her contact with her
>children (even tho she tried to kill them)?

Hard to say. If you testify that you took the action to protect the children, then probably not -- but, I don't read tea leaves.