If a childs parent dies and has only one relative that is not able to really care for them...?

Question

can you go to the state and adopt them, um...or does the relative have to give up custody or wht????

Answer 1

that is tricky, I guess if the state gave the kid 2 the relative then the relative could give the kid 2 U. or U could petion the courts & tell them Y U think U should get the kid...if the parent is not dead yet, U could have the parent leave it in the will 2 leave the kid 2 U..then there would b no issuse.

Answer 2

Every state is different first of all. The relative has to either refuse to care for the child and can petition for someone to be named guardian through the Probate Court (if you are on good terms they can nominate you in the petition) and you have to prove that you are capable. There is also a matter of money. If the child stands to inherit money or property, you may be required to obtain a bond to cover the value of that money and submit reports on an annual basis to the court to show what is being done with the money to determine that you are acting responsibly. If for whatever reason you can not obtain a bond, you can still be named guardian, if you are proved to be fit, but someone else will have to become what is called the child's conservator to handle the money.