Adopting sister's kids without consent?

Question

My sister is trying to adopt my nephews without consent from my other sister, my other sister was in jail and my nephews havent seen my other sister in 4 yrs she abandond them. How would my Sister File an abanodment thing to get adoption rights, my sister has a letter from the jail saying that she can have the boys.

Answer 1

you need to go to the department of children and families in your area and ask about that, its different everywhere.

Answer 2

Your sister has to get a lawyer and go to court.  If your nephews' mother is in jail, the judge will determine if abandonment is the correct procedure or not.  Depending on her sentence, the judge will also determine whether her consent is required.   A letter from the jail isn't likely to do her any good.

Answer 3

are they wards of the state?  who has custody of them!  She should call health and human services to find out, what she can do.

Answer 4

It is different in every state but the fist thing that needs to be done is parental rights need to be terminated by both the mother and the father.  If this can be done then the sister who is incarcerated can then have papers drawn up (you will have to do this for her) allowing the other sister to adopt the children.  Talk it over with an adoption lawyer they can really help you out better on this situation.

Answer 5

You all need to get some proper legal advice, for a start. Good luck, the kids will thank you for it.

Answer 6

Your sister needs to contact a family court lawyer... They will be able to guide her through the adoption process and make sure that all necessary forms and procedures are followed/completed.  Your incarcerated sister will have to waive her parental rights regardless of how long she abandoned her children- if you know where she is and she knows where they are then she'll have to sign off on the adoption- they are her legal responsibility until they turn 18.

Answer 7

I'm confused, because you indicated that your sister is trying to adopt your nephews without parental consent, but then your clarification appears to say that your imprisoned sister is giving consent.  

Either way, I would suggest that the sister who is trying to adopt the boys, contact an adoption attorney.  If she currently has custody of the boys, you may also be able to contact the state.  She should at least try to obtain kinship care of the boys so that the state helps with costs since the mother is incarcerated.  It's worth a shot.  An attorney can help you decide who is best to talk to.

Good luck to you and your sister.