[tatum]

I have a very weird situation. 1 1/2 months ago me and my husband found out that my nephew and his wife had their daughter taken away and placed into the foster system. They were both incarcerated at the time. We approached them about us adopting their daughter. They both agreed to this and we went back and forth for a month trying to get things together. Dealing with Social Services, The Guardian at litam and Indian Child Welfare. We started our Home Study as well as getting licensed for foster care so that they could move 4 month old baby to our house as soon as possible. Bio mother has changed her mind 4 or 5 times because Social Services tells her she can get her child back if she will work her case plan and attend treatment. Bio Mother is very unstable - been in prison, jail most of her adult life. Had very bad upbringing and wants whats best for her baby. Our nephew is not Bio Father but signed birth cert. Social Services cannot find bio father. Both our nephew and his wife went to treatment and decided to work case plan - both left this week. And now again want us to try to adopt thier little girl. We told them the last time that we were done and would move on with our homestudy to find another little girl. They are now both "wanted" and want to leave the state. They want to draw up a paper they can sign voluntarily terminating parental rights with the stipulation that we can adopt - they want to have this notarized so that they can leave town. Not sure how legal that would be. Very confused about what to do - Should we just forget about this little girl that we want so badly and have worked so hard to get or do we keep trying and hope things work out - Dont know who I can talk to about the legality of this situation. Social Service worker is not much help. Guardian at litam wants to see the child in our home as does Indian Child Welfare but is concerned that mother doesnt know what she is doing. HELP

[L-A-J-C-R-C]

What a mess! I don't have any answers for you. I just wanted to say that I'd fight for this little girl forever if I had to. I am a foster parent and, believe me, she needs stability in her life and she needs it NOW!

Best of luck to you and your family. I will keep you all in my prayers.

Michelle

[gh1992]

Maybe you can talk to a parallegal service? That knows what papers to use, or at least how to word the paperwork. Poor child. I hope whatever you do works.
Any child case that you get is going to be a long haul with frustrations along the way ... you've already started yours. Take care.
I am a foster parent to my nephew, i had him since he was 11 days old and he is 9 1/2 months old now. Even though it has been up and down with Bmom making positive progress, then not. I couldn't see not doing all i could to make a safe haven for the little fella.

[frodorocks]

What country are you in?We live in Canada and adopted a Native baby.I dont know much about the laws in the U.S though.

[jeremy1973]

[YOU FIGHT FOR THAT GIRL. SHE IS YOUR BLOOD. Im fighting for a girl right now and dont know what to do. The bio-moms sister wants to adopt her suddenly. Its a scam of control from the 12 year old intellect of the mom.
call me at 6 05- 558 7 modesto CA

[roxanna425]

I don't think the notarized paper is legal at all. In fact they can probably say they were fleeing and gave you their daughter under duress. You want to complete your home study and then have the child placed in your home as a relative placement. Contact their DCFS caseworker. If she keeps changing their mind then she's not sure she wants to give up her child. If they can work their caseplan witout reoffending then they should be allowed to riase their child. If they cannot, then they should work out a regular, private adoption plan, without fleeing from the law or anything else. If they cannot do that if there is a warrant out for them they can contact DCFS and voluntarily place their child with them and then you, as a relative placement, especially if you are also an enrolled Indian you have prioroty for placement. Contact an ICWA lawyer to ensure everything is aboveboard.

[CAV]

I'd get on the phone with a lawyer ASAP and ask what you can/should do. Many will consult for free, then charge once you decide to go ahead with things.

Also, a relative adoption is less formal and "easier" than a standard adoption... But I am not sure that your relationship with the child qualifies. A relative adoption applies to immediate family. The aunt, uncle, grandparent, or great grandparent of the child. Cousins and the children of neices and nephews aren't usually included in the description. (though I would assume that the blood relation would be looked favorably upon.)

Good luck, and I hope things work out.

[Katiebear7]

In our state, if DSS won't assist then you can go to the Intake Officer at the Juvenile and domestic relations court and ask for assistance. They will be able to guide you on who you can contact which cuts down the running around and the mental anguish.


If they give you some specialized attorney names - they can assist you with the adoption and the correct consent forms too. If the parents don't fight it - it shouldn't cost that much.

Give them a call - it can't hurt.

[jaydensmommy]

In the state of California, a great-aunt or great-uncle does qualify. In Arizona it doesnot. It depends on the state.