My niece (which is my mom's grandchild) has an 8 month old baby and wants my mom to adopt her. My mother really wants this child and my niece doesn't want the responsibility. What's the first step should they take? Do they absolutely NEED a lawyer since there is full cooperation on both sides? They really don't want to spend the money on lawyer if they don't have to. So anyone know what's the steps they need to go through.
2007-01-19 11:26:52 · 10 answers · asked by strawberry 3 in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
She has no idea who the childs father is. She took one guy for a paternity test and he waas not the dad. She has already started the proceedings to give my mother full custody.
2007-01-19 11:48:38 · update #1
Yes, a lawyer must be contacted.
What if the mom comes back in 5 years and wants the child back?
There has to be an agreement between both parties.
2007-01-19 11:31:21 · answer #1 · answered by kabmiller@verizon.net 4 · 1⤊ 0⤋
Have your mom call a few different lawyers. Usually the first 1/2 hour on the phone is free. Tell her to make a list of questions and call different lawyers till she gets all the info she needs. Tell her to make a note of the ones that she felt comfortable with so that she can go with that one. If there isn't a problem on either side, your mom's or the niece's, as far as giving and getting the baby then it probably won't cost much. It's when there is a lot of time in court that it will cost a fortune. Have her call Family Lawyers. Your mom may have to be evaluated though as to if she can provide for and care for the child. If that goes well then it shouldn't cost much. But the papers HAVE TO BE filed in the hall of records and stuff. That is what the lawyers job is. Good luck. Your mom sounds like a really great person. Wish I knew her. That child is so lucky to have her.
2007-01-19 12:06:10 · answer #2 · answered by Me2 5 · 0⤊ 0⤋
Yes, they will need a lawyer to draw up adoption papers and ensure everything is legal. It's better this way for both your mother and the child as there will be no-one who can come along in ten years time to contest custody and also it will make consenting to medical/school decisions, etc easier if your mother is the full legal guardian of the child.
Your lawyer will also be able to guide you as to whether you need to involve social services.
2007-01-19 11:36:43 · answer #3 · answered by starchilde5 6 · 0⤊ 0⤋
Have either one contact your local family court which can advie them want to do. You dont have to have a lawyer when it comes to adoption but it is usually recommened. The judge is the one who signs off on the adoption and usually there are forms you can get off your county's self help website. Again, the family court will know better about what you need to do. My father adopted my step sister and step brother and they didnt have a lawyer but that was in VA - 15 years ago.
2007-01-19 11:41:02 · answer #4 · answered by Kristin Pregnant with #4 6 · 0⤊ 0⤋
If your mother were smart she wouldn't. If you mom wants to adopt a child it would be best to adopt one from a stranger. If your niece wants to put the baby up for adoption then she should do so through either an agency or a lawyer because adopting family members can lead to complications as well as a pain and sorrow further down the road. In any adoption proceeding a lawyer is needed because of the legal paperwork that has to be done but I do not recommend your mom adopting the baby...one scenario that can cause problems is if later on the niece decides she want's the baby back...It happened to a very good friend of mine. She adopted her youngest sisters baby, the sister was too young and too wild to raise a child. Five years later the younger sister had settled down, gotten married and found she was unable to have anymore children, she decided to go to court to get the daughter back that her sister had adopted and it caused major problems for everyone in the family...her and her sister no longer speak and haven't for almost 30 years. Their mother and father both died seeing their children seperated by this event never to get back together...by the way the younger sister won her daughter back...So the question would be, can YOUR family go through that if it should ever happen?
2007-01-19 11:35:42 · answer #5 · answered by Anonymous · 0⤊ 4⤋
Yes they need a lawyer, especially for your mother protection in case your niece changes her mind later on.
2007-01-19 11:33:37 · answer #6 · answered by CassieB 2 · 1⤊ 0⤋
Yes they have to contact a lawyer. Papers have to be filed with the court and mediation needs to occur. A lawyer is necessary.
2007-01-19 11:35:29 · answer #7 · answered by Baby #3 due 10/13/09 6 · 1⤊ 0⤋
Contact your local juvenile and domestic relations court and ask the clerk's office what steps need to be taken. Parental rights usually have to be terminated on the parents and only a judge can do that.
2007-01-19 11:35:40 · answer #8 · answered by Blackgold347 3 · 0⤊ 0⤋
IT WOULD BE BETTER FOR HER TO GO THRU THE LAWYER, SO THIS WAY. IT WILL BE LEGAL AND SHE CAN'T CHANGE HER MIND AT THE END OF IT. OR MAYBE JUST ASK QUESTIONS TO A LAWYER. AND SEE WHAT THE PROCEDURES ARE. GOOD LUCK.
2007-01-19 11:33:39 · answer #9 · answered by misty blue 6 · 1⤊ 0⤋
i think that is really selfish that your niece doesnt want that baby but i think your mother should take it.....if your niece doesnt want it, well shes not gonna take good care of the baby because she didnt want it at the bigining but if your mother takes atleast you'll know that she'll take good care of the baby which is really great............and maybe i think you'll need a lawyer for that kind of case...
2007-01-19 11:34:18 · answer #10 · answered by mayra r 1 · 0⤊ 3⤋