Hi Loveajax! Our situation was similar to this. Nattie's BMom had tried parenting her for about 4 weeks when she came to us. I've mentioned before that we weren't looking to adopt...but, of course, we immediately fell in love
We started out having Legal Guardianship while we handled the legalities and completed our Home Study. We worked privately with an attorney and he handled all the LG and adoption stuff for us. It took a looooong time b/c Bdad was in jail at the time we needed him to sign papers, but other than that it was relatively smooth.
Good Luck!! How exciting!