Well, basically we can try to petition the court here for willful abandonment. Which means we would have to serve the birthmother and any alleged birthfathers. If they don't respond in 30 days the court could grant the petition and we could apply for adoption. We would probably want to wait at least 60 days due to the birthmother being in Mexico. Then we still would have to talk with an immigration lawyer about how that would effect her citizenship. With a foreign adoption, they are granted immediate citizenship, but since this would technically be a TN adoption, we're not sure.
With that said, once we decide to push we have to be ready for the possibility that once notified the birthparents or Mexican court, would push back. The court could say they have jurisdiction and order an immediate return of Hannah. The birthmother could say she didn't willfully abandon her because she had no way to cross the border and no money to pursue it. If that happened and the Federal Marshalls were sent in to return Hannah, we would basically have no way to stop it. In terms of TN courts it goes in our favor because they have known her location for the last 10 years and done nothing.
We could just let sleeping dogs lie until she is 18. That has it's own set of issues. If Hannah gets in trouble with the law, she gets deported. She can't get a job or enter college. There is some question as to being allowed to enter into high school.
We can try to find another lawyer in Mexico and continue to pursue the finalization there. (Anyone know any good Mexican attorneys : )
We can let it ride a few more years until Hannah is old enough to understand the situation a little more and then push. Of course at any time during those few years, the Mexican court could order her return. Which is the possibility that has been hanging over our heads for the past 10 years. This option would give us more time to pray and seek God's direct will and to research more options.
Right now immigration is a hot political topic. That could help or it could hurt. Getting the media and political support could go either way to help or hurt. So basically we have a lot of praying to do to determine if the time is right. There's no way to predict how the opposing parties will react if we start the fight. My prayer is that they would just want to be done with it and move on. I have felt for sometime that the Mexican courts and the birthmother just want it to go away, without anymore involvement on their part, but that's just my feeling.
I guess this is all about is clear is mud. So pray for Jeff and I to have wisdom and wise council.
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