[mbyrd]

Hello, My name is Michele

I pray that someone can share some information
with me, about adopting my brothers daughter
through social service.My husband and I spoke
with her social worker who said it wouldn't cost
us fees and we didn't need a lawyer. My husband
and I are'nt sure if we need legal advice. We already
know that my brother will give up all legal rights,however
her mom who has not had her in three years or showed up
for any court dates may contest the adoption. The
social worker is saying she has to have valid reason.The
only reason we forsee is there are four other sibblings
in the limted gaurdianship care with my niece,and were
moving out of state. The other childern are'nt my brothers,
he's in prison and feel that my husband and I can provide
the best care, enviroment for his daughter.We have two
childern of our own. We're moving from Maryland to
Montclair NJ in four months. My niece is four years old
she loves staying overnight and tells her counselor she
want to live with use. Her counselor said he would do
the home study in our NJ home before court in Feb, 2004.
Everything else has came back clear.


Please help !What should we do.

[BrandyHagz]

Generally, adoptions thru the state dont require legal counsel. However...since yours is a relative adoption, you might want to at least consider meeting with an attorney for a free consultation...they can tell you if you'll need their services...

As for the mother...if the child is already in care...and she has had nothing to do with her, nor has she shown for court dates, I dont see why she would fight this...she obviously doesnt care...however, she may do it just to spite, it which case, it would be the state who would fight her for TPR, not you.

The way it works is, the state will terminate her rights, she will then be a ward of the state...at which point, you would be adopting her from the State of NJ...not her mother or father...their rights would have already been terminated.

Good luck! I hope everything works out...and keep us posted!

[lucyjoy]

We used a lawyer with all our state adoptions. I'd also question the waiting on the home study. Ia it possible to do the homestudy where you are now and update in NJ? Might save some time for you.

[datazmom]

Most states do require that a lawyer consult and some take the state subsidies as full payment. I would call a lawyer and get advice , most will answer your question over the phone as to if one is necessary in your state. Legal papers have to be filed in the county where you live and CFS does not do that . It must be handled by an attorney. The state pays all legal fees but you do have to represented by counsel.
I wish you the best with adopting your niece. We are adopting our 2 nieces through the foster system . The girls have lived with us for 4 years now and we would not think of letting them go . Their mother is my 1/2 sister and she is in and out of prison and drug rehab and has not had anything to do with them in 4 years and not even gone to court , except to sign waivor of rights. Then it took 3 hearing dates being set and subpeonas to get her there to sign. Their father is in prison for life and so I know what you are going through , its not easy for the child and I wish you both the very best.