How do I adopt my brother's baby?

Question

I am trying to get help on adopting my brother's baby boy. He is 5 days old and he tested positive for meth at birth. My brother is no longer involved with the mother. I know that he wants to the baby, but he has another baby coming in 6 weeks and he is in NO position to raise 1 child much less 2. What a mess! The baby is currently in DSS custody and they won't tell me anything. I really want this child to have a chance at a good life. Any help anyone can give me would be wonderful. By the way, we are in South Carolina.

Answer 1

I assume your brother is ok with this. Get a lawyer and the baby's mother will also be involved in this. Make sure every base is covered because there could be big problems down the road legally.

Answer 2

You should get a lawer and have them help you and ask your brother if he would go with you as a witness!                            GOOD  LUCK!!

Answer 3

I would go to get a lawyer and tell them want going on. That you want custody of that baby and they can help you there. They might able to get that baby out of there to you till you can fully adopt. That would be the best way to get legal help.. Good Luck..

Answer 4

I would say call DSS and let them know of your interest. they usually allow family to do foster care on the child pending adoption. They have to give the parents a certain amount of time before the child can be released for adoption. I think 15 months is the national average. But even as family they will do background checks to be sure you are quilified to adopt. then you might want to think of contacting a lawyer.

Answer 5

If you're a family member, DSS HAS to, by law, talk to you. It should be the priority of the agency to try to place the child with a relative before anyone else. Be persistant and continue calling. If that doesn't work you might want to go to court and file a custody petetion (I recommend you do this ASAP anyway) and look into consulting with an attorney. GOOD LUCK

Answer 6

You need to talk to an attorney.

Answer 7

You should get an attorney who should make your interest known to DSS. DSS should start a home study on you and allow you visits with the baby. This of course depending on the mother's status. Even if the baby was positive for drugs at birth DSS will give the mother a chance to get off drugs to get custody of the baby back if this is what she wants? Will this be an issue?  What about baby #2? Are you going to try to adopt this one too? Are you financially able to do this? It's a big emotional & financial investment. Good luck and Good Bless.

ellie

Answer 8

Get your brother to write a simple statement indicating his preference to award you guardianship of his child.  Have him sign it in front of a notary.

Then, take that sheet to a family law attorney that deals with guardianships and adoptions.  He will file an Exparte motion within a week.  Have the lawyer inform DDS of the motion.

The court should award "Tempoary Guardianship" to you without objection.  If DDS has an objection, they would have to file court papers for the Judge to review before the Exparte hearing.  Otherwise, the next hearing which will likely be scheduled in 2 months, will be the first opportunity for any contests to be heard.

After you get temporary guardianship for a couple of years, the court will stop giving your brother a chance to get his act together.  You'll be assigned "General Guardianship".  Immediately file for adoption.

All adoption costs will be reimbursed at tax time.

You could, instead, go the DDS route and they may work with you.  But, they may also choose someone else.  There is no guarantee you'll have the baby using this route.