Can I or my parent adopt my nephews?

Question

My sister is currently married but is doing adultery and drinking a lot she hits the kids and curses at them a lot when she is with them. her husband is no better and does a lot of drugs. My parents are basicly taking care of my 4 nephews because most of the time she doesn't even come home. She never buys them diaphers, food or feeds them she doesn't dress them.She takes them around other man to piss my parents off. She doesn't give my parents any money to help them out with the bills or for the kids and she is constantly asking them for money for gas she says she is working, she goes to work from 3pm to 11pm or 12 but doesn't come home until 11am the next day and claims she was working the whole time.I am the god mother of the oldest. My mom is thinking of adopting the kids and kicking her butt out of their house I am in another state my husband is military so i don't know if i would stand a better chance of getting the kids IF my parents can't get the kids. Can we do this?And how?

Answer 1

You can adopt if your sister wants to proceed with adotption...you cannot forcefully make someone terminate their parental rights...only a court of law can do that...and it is almost unheard of a parent's right being terminated. A parent can lose visitation but generally the parent will still have legal custody of the children.

In fact I even had a friend who's siblings and him went to foster care homes their entire life. My friend was lucky and able to stay with one family his entire life (from birth to adult). When the family wanted to adopt the child the mother refused and DCFS cannot vacate a parents right unless proven to show no effort to complete requirements by the court. Also, the court is about reunification with the parents unless it proves to the child's welfare that it is more damaging.

You can seek to gain temporary custody but your sister will be entitled to legal custody and visitations. You can ask the court to have the visitations as monitored visits by a third party.

My recommendation is to work some arragement without the court system being involved. Too many messy custody battles that end up damaging lives instead of making it easier on all parties. Also, in family law it's a completely different ball game than any other court. There does not need to be "proof" this is a game of who has the higher priced attorney....And generally, messy custody battles can cost from $50K to $120K....

Answer 2

The first thing that you or your mother needs to do is contact a child welfare agency and report the abuse of your nephews. It's possible that after an investigation, the boys may be removed from your sister's care and placed in foster care.

At some point, you or your mother may be able to petition the court to gain custody of the children. Once you have legal custody, you can petition the court to adopt them. But, unless your sister and her husband give up their parental rights, chances are quite slim that you would be successful.

For the children's sake, don't hesitate in contacting the child welfare agency!

Answer 3

Probably the simplest way is to get child protective services involved. IF ;you could get your sister and her husband's approval it would be a snap but that doesn't sound likely. Call child protective services and have them investigate and they will remove the children and then adoption could take place AND you or your parents could be foster parents for the kids. Good luck and God bless you. The children really need a hero.

Answer 4

Call local department of children and family services. Tell them what you've told us they should seek to remove them from your sisters care if it is proven. They also usually try to find family members to care for the children until the investigation can take place. The chance of adoption without your sister and their dad signing away rights is probably slim however getting the state involved will make her look at herself and get help for the sake of the children is def. worth a try.

Answer 5

Save your nephews from a life time of pain, get custody. Have her declared a unfit mother as well as your bother-in-law an unfit father. If your husbands in the military then you have Jag on your side call the base and make an appointment, they can help! Good luck!