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Adopting, Foster or Kinship Care re: Nephew

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Prismacolored

Junior Member
What is the name of your state (only U.S. law)?
New York


My brother and his fianc� are expecting their third child and my brother recently broke up with her. They struggle financially but the now ex fianc� is on SSI and receives an apartment, WIC, DSS benefits for her current children. She has enough to financially care for the children and is a good mom but is struggling emotionally and is questioning her ability to care for three. My brother does not want the third child and offered to sign away parental rights should she put this baby up for adoption.

The ex and I are not close but have a relationship. I spend time with her and my nieces and we often get together with our children or go shopping together. She agrees with how my husband and I raise our child and expressed an interest in us adopting her son who is due November 5th.

I am interested in doing so for several reasons. My husband and I have one child together as well as visitation with his two children from a previous marriage. We plan on having one more child and also planned on trying to be foster parents as we both grew up with families who raised foster kids and believe in doing our part to help kids in need, and also keeping open the option to adopt a child should the opportunity present itself.

We discussed the situation after it was presented to us last night and decided that we are willing to do whatever the ex fianc� feels the most comfortable with - either outright adoption where we would raise the child as our own and she would be the aunt and it would be a completely open adoption and the child would know at age appropriate levels the situation. We would also be willing to be foster parents and raise the child until his mother was able to take him back, if ever or until he was 18. I'm not interested in cutting her our of her child's life, but I am interested in keeping him in his family and allowing him a relationship, no matter if he is legally my son or not, with his mother and natural siblings.

We do not have a lot of money and a lawyer will be a stretch for us though we can likely use legal aid. We are not poor, but we are on a tight budget to allow me to stay home with my child for a few years. We pay our bills and have food on the table and have to save for extras but we are okay. Legal fees would likely kill us, but we do have all of the supplies and love and can feed and clothe another child.

My question is : if she does decide that she wants to move forward, what is the best course of action? Adoption or Foster care? Is either process very expensive? We can't afford huge legal fees in a lump sum, but do have the ability to make on time payments. How would foster in this situation work? Can I give her visitation whenever I want or would DSS limit it?

I am leaving mom alone to decide herself with her caseworker because I don't want to influence her in any way, I feel this is a decision to make peace with without my input, but I want to be prepared to move forward should she decide to go ahead.
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)?
New York


My brother and his fianc� are expecting their third child and my brother recently broke up with her. They struggle financially but the now ex fianc� is on SSI and receives an apartment, WIC, DSS benefits for her current children. She has enough to financially care for the children and is a good mom but is struggling emotionally and is questioning her ability to care for three. My brother does not want the third child and offered to sign away parental rights should she put this baby up for adoption.

The ex and I are not close but have a relationship. I spend time with her and my nieces and we often get together with our children or go shopping together. She agrees with how my husband and I raise our child and expressed an interest in us adopting her son who is due November 5th.

I am interested in doing so for several reasons. My husband and I have one child together as well as visitation with his two children from a previous marriage. We plan on having one more child and also planned on trying to be foster parents as we both grew up with families who raised foster kids and believe in doing our part to help kids in need, and also keeping open the option to adopt a child should the opportunity present itself.

We discussed the situation after it was presented to us last night and decided that we are willing to do whatever the ex fianc� feels the most comfortable with - either outright adoption where we would raise the child as our own and she would be the aunt and it would be a completely open adoption and the child would know at age appropriate levels the situation. We would also be willing to be foster parents and raise the child until his mother was able to take him back, if ever or until he was 18. I'm not interested in cutting her our of her child's life, but I am interested in keeping him in his family and allowing him a relationship, no matter if he is legally my son or not, with his mother and natural siblings.

We do not have a lot of money and a lawyer will be a stretch for us though we can likely use legal aid. We are not poor, but we are on a tight budget to allow me to stay home with my child for a few years. We pay our bills and have food on the table and have to save for extras but we are okay. Legal fees would likely kill us, but we do have all of the supplies and love and can feed and clothe another child.

My question is : if she does decide that she wants to move forward, what is the best course of action? Adoption or Foster care? Is either process very expensive? We can't afford huge legal fees in a lump sum, but do have the ability to make on time payments. How would foster in this situation work? Can I give her visitation whenever I want or would DSS limit it?

I am leaving mom alone to decide herself with her caseworker because I don't want to influence her in any way, I feel this is a decision to make peace with without my input, but I want to be prepared to move forward should she decide to go ahead.


Either way you are really going to need an attorney for this.
 

Silverplum

Senior Member
What is the name of your state (only U.S. law)?
New York


My brother and his fianc� are expecting their third child and my brother recently broke up with her. They struggle financially but the now ex fianc� is on SSI and receives an apartment, WIC, DSS benefits for her current children. She has enough to financially care for the children and is a good mom but is struggling emotionally and is questioning her ability to care for three. My brother does not want the third child and offered to sign away parental rights should she put this baby up for adoption.

The ex and I are not close but have a relationship. I spend time with her and my nieces and we often get together with our children or go shopping together. She agrees with how my husband and I raise our child and expressed an interest in us adopting her son who is due November 5th.

I am interested in doing so for several reasons. My husband and I have one child together as well as visitation with his two children from a previous marriage. We plan on having one more child and also planned on trying to be foster parents as we both grew up with families who raised foster kids and believe in doing our part to help kids in need, and also keeping open the option to adopt a child should the opportunity present itself.

We discussed the situation after it was presented to us last night and decided that we are willing to do whatever the ex fianc� feels the most comfortable with - either outright adoption where we would raise the child as our own and she would be the aunt and it would be a completely open adoption and the child would know at age appropriate levels the situation. We would also be willing to be foster parents and raise the child until his mother was able to take him back, if ever or until he was 18. I'm not interested in cutting her our of her child's life, but I am interested in keeping him in his family and allowing him a relationship, no matter if he is legally my son or not, with his mother and natural siblings.

We do not have a lot of money and a lawyer will be a stretch for us though we can likely use legal aid. We are not poor, but we are on a tight budget to allow me to stay home with my child for a few years. We pay our bills and have food on the table and have to save for extras but we are okay. Legal fees would likely kill us, but we do have all of the supplies and love and can feed and clothe another child.

My question is : if she does decide that she wants to move forward, what is the best course of action? Adoption or Foster care? Is either process very expensive? We can't afford huge legal fees in a lump sum, but do have the ability to make on time payments. How would foster in this situation work? Can I give her visitation whenever I want or would DSS limit it?

I am leaving mom alone to decide herself with her caseworker because I don't want to influence her in any way, I feel this is a decision to make peace with without my input, but I want to be prepared to move forward should she decide to go ahead.

I'm asking only about the bolded: do you know you can use legal aid in your state for a private adoption?? I ask because I strongly doubt it. And please believe me when I tell you that you NEED an attorney for adoption. It's absolutely necessary.

Edited to add: http://nysccc.org/wp-content/uploads/2008/07/adoptionbasics.pdf
 
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Prismacolored

Junior Member
Silver plumb - I don't actually. My husband and I were blindsided with this last night and are still researching what our options and possible resources are. I'm currently on my phone so its a pain to do much Internet research. We are meeting with the mom's SSI caseworker and her counselor on Monday to go over anything and my husband is on lawyer-research duty.

I am pretty much willing to do whatever it takes to come up with the money if need be, but I want to be as prepared as possible, even just some advice from strangers to emotionally prepare me :)
 

ecmst12

Senior Member
You will need a lawyer and the parents will need a lawyer and both of them will need to consent to the adoption. It will not be cheap but you shouldn't even be considering this if you can't afford it. And remember that adoptions are PERMANENT, there are no do-overs, this will be YOUR child just the same as if you'd given birth to him or her.
 

Silverplum

Senior Member
Silver plumb - I don't actually. My husband and I were blindsided with this last night and are still researching what our options and possible resources are. I'm currently on my phone so its a pain to do much Internet research. We are meeting with the mom's SSI caseworker and her counselor on Monday to go over anything and my husband is on lawyer-research duty.

I am pretty much willing to do whatever it takes to come up with the money if need be, but I want to be as prepared as possible, even just some advice from strangers to emotionally prepare me :)

:) Check out the link I added to the bottom of my initial post.
 

Prismacolored

Junior Member
I can afford to raise a child - my kids and step kids are well cared for. I just can't afford a $20,000 lawyer bill in one month when the baby is born. On less than a months notice without depleting my savings account completely. I have college to pay for eventually, and retirement someday ;)

I honestly have no idea how much a private adoption costs.

I am fully aware that if the mom decides for actual adoption that this child will be mine as much as the child I gave birth to last year. I am definitely not entering into any of this lightly. I'm in my mid 30's and purposely waited to have a family and children until I established a career I can go back to when I'm done being a full time mom!

My brothers ex's social worker and case manager have assured me that they will take care of the legal finances on that end, so I don't have to worry about her getting over her head financially and as she is on SSI and unable to work that she has two people who can help her navigate the situation and have her best interests in mind so that end is at least tied and taken care of.

I don't want to get too ahead of myself if she ultimately decides to raise her son with her other children, but I don't want to be caught last minute if she does decide to proceed.


SILVERPLUM - thank you!! I'm on my phone, but I printed it and am reading through it now.
 
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Prismacolored

Junior Member
This is likely the dumbest question possible, but is it allowed to lawyer share? Is it recommended not to if it is allowed?

I know it is not recommended for Divorce, however my ex-husband and I parted fairly amicably and went forward with a straight divorce with no division of property and we had no kids. We pretty much did a self divorce and paid a lawyer to review our documents and do the legwork with the court. He did have us sign a waiver, but it worked out fine and we were able to both save a lot of time and money.

I only ask because I was speaking to the mother's caseworker who stated that if allowed, she would be willing to share the lawyer and cover the costs, and she would let me know if it were possible. Should I allow it, or seek our own should it come to adoption?

She has not made a decision, and I don't expect her to right away. Her caseworker prefers adoption to us fostering, as she thinks it would be in the best interest of the child. I am willing to do it either way. I can't begin to imagine what she is going through towel this choice and it took a lot of courage for her to even approach me with this. I find myself wondering if Fostering would be a good choice so that the baby could have a parental relationship with her even though we're his guardians. Or if it is healthier for the baby, mom and the other kids to do adoption. I'd like to possibly do counseling for us and mom before a decision is made, is that a good idea?

I want to thank you all for the above responses and anything else you might have to share. This was one of the first sites that popped up in my search and it has been very helpful. Not just in advice but in being able to form my thoughts as they come, this is not an easy situation!
 

Proserpina

Senior Member
This is likely the dumbest question possible, but is it allowed to lawyer share? Is it recommended not to if it is allowed?

I know it is not recommended for Divorce, however my ex-husband and I parted fairly amicably and went forward with a straight divorce with no division of property and we had no kids. We pretty much did a self divorce and paid a lawyer to review our documents and do the legwork with the court. He did have us sign a waiver, but it worked out fine and we were able to both save a lot of time and money.

I only ask because I was speaking to the mother's caseworker who stated that if allowed, she would be willing to share the lawyer and cover the costs, and she would let me know if it were possible. Should I allow it, or seek our own should it come to adoption?

She has not made a decision, and I don't expect her to right away. Her caseworker prefers adoption to us fostering, as she thinks it would be in the best interest of the child. I am willing to do it either way. I can't begin to imagine what she is going through towel this choice and it took a lot of courage for her to even approach me with this. I find myself wondering if Fostering would be a good choice so that the baby could have a parental relationship with her even though we're his guardians. Or if it is healthier for the baby, mom and the other kids to do adoption. I'd like to possibly do counseling for us and mom before a decision is made, is that a good idea?

I want to thank you all for the above responses and anything else you might have to share. This was one of the first sites that popped up in my search and it has been very helpful. Not just in advice but in being able to form my thoughts as they come, this is not an easy situation!



I cannot find anything that would preclude you all from using the same attorney :)

If everyone is in agreement, I see no reason why you shouldn't use this option if it's available!
 

Ohiogal

Queen Bee
I cannot find anything that would preclude you all from using the same attorney :)

If everyone is in agreement, I see no reason why you shouldn't use this option if it's available!

An attorney would NOT represent more than one of the individuals. The lawyer would either represent OP OR mom. Not both. And if the attorney is already representing mom, that is who they would continue to represent. It is a whole big ethics thing and the possibility of conflict.
 

Proserpina

Senior Member
An attorney would NOT represent more than one of the individuals. The lawyer would either represent OP OR mom. Not both. And if the attorney is already representing mom, that is who they would continue to represent. It is a whole big ethics thing and the possibility of conflict.


For my own edification (if nothing else :cool: ), could you please elaborate on this?

How does it differ from (for example) a stepparent adoption when all are in agreement?

Or a divorce, when both parties are in agreement?
 

Ohiogal

Queen Bee
For my own edification (if nothing else :cool: ), could you please elaborate on this?

How does it differ from (for example) a stepparent adoption when all are in agreement?

Or a divorce, when both parties are in agreement?

What happens if the parties decide they aren't going to agree? I have dealt with divorce in which the parties are in agreement. I still only represent ONE of the parties. The other party is pro se. The reason being if they decide not to agree or there is ANY difference in opinion, I can't represent both and I end up having to withdraw completely from the case. Smart attorneys do NOT represent both parties/opposite sides of a court case. Court cases are ADVERSARIAL proceedings at their heart.
 

PQN

Member
I would suggest calling Catholic Charities or Luthern Social Services. They may be able to help you with potential birth other counseling, open adoption counseling, home study, etc. Often they are done on a sliding scale.

Our adoption attorney was under $2000.

Without an adoption, please understand that either birth parent could come and get their child at any time. Even if they had not seen the child in years, even if they became addicted to drugs, even if the child calls you mom.
 

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