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Is adoption an option?

Author :

Submitted : 2018-06-13 21:33:03    Popularity:     

Tags: adoption  option  

We have had physical custody of my husband s cousins baby since August. My husband was awarded temporary kinship custody in December. We just found out that the mom has at least another year to serve in state prision. Is adoption an option or what are the

Answers:

Both mother and father of the child would have to give up all rights and sign adoption papers. You should talk to a lawyer and discuss the options with the bio-parents of the child.

Sorry but adoption is not a cheap thing, so be prepared to be spending a few thousand more.

Both biological parents would have to be willing to relinquish parental rights. It's difficult to have parental rights forcibly removed. There's a chance if your cousin is in jail for a violent crime of a nature that would make a judge concerned for the child's safety, but if it's a nonviolent crime she's very unlikely to lose parental rights unless abuse/neglect of her child can be clearly demonstrated.

Without the parents voluntarily relinquishing their parental rights, you are in for a custody battle.

Have an honest conversation with the mom about what her thoughts are and what her plans are once she is released.

Are the biological parents of the child willing to give up their child for adoption? The answer to this question will tell you if adoption is an option.

You'd need the parents to sign their child away. You'd have to ask them before even attempting to pursue it.

My brother couldn't even legally adopt his step kids, that he's been a father to since ages 2 & 4, married to their mother, another child between them. Father not in the picture. When the courts tracked down the biological father, he just said 'nup', and the application was thrown out.

Unless the mom is willing to voluntarily sign her rights away (which might be unlikely, since she expects to be out of prison within a year or two) then you'd have to convince the courts to terminate her rights involuntarily. She would have the right to defend herself in court. It would get expensive, time-consuming, and emotional.

The state would have to sever her rights. It s highly unlikely they would do that if she is expecting to be released within a year. Most states want to help keep families together. She could lose her rights if she gets out and then repeatedly has to go back in. She could also voluntarily relinquish her rights and allow you to adopt. But since you are just fostering the child, you should actually be getting state assistance. You will get less money if you actually adopt. Right now the kid should be getting daycare and medical benefits based on the fact that you re fostering.



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