Adopting Sister's 2 Children After They Were Taken By Social Services

[eclipsedbyglory]

What is the name of your state (only U.S. law)? California

My sister an her new husband are both on-and-off drug addicts, and they both have previous records/jail time/etc. They also have two children, one female who is 4 years old, and one male who is a little over two months old.
Today, social services came after my sister and her husband got into a fight, and they took both children. My sister has a court date set for this week to see if she is a fit parent, which, considering her previous (and current) trouble with the law, I'm unsure of how the court will decide.
I've been considering for awhile the option of taking custody or adopting both children. I wanted to know how this would be possible. My husband and I have a clean record, our own place, and a relatively steady income.

What would be the requirements for being able to adopt/take custody of these two children? Is there a minimum income level necessary? And, if my sister manages to get back her two children, would there be a way for me to gain custody of them through her?

Thank you.

 

[Proserpina]

What is the name of your state (only U.S. law)? California

My sister an her new husband are both on-and-off drug addicts, and they both have previous records/jail time/etc. They also have two children, one female who is 4 years old, and one male who is a little over two months old.
Today, social services came after my sister and her husband got into a fight, and they took both children. My sister has a court date set for this week to see if she is a fit parent, which, considering her previous (and current) trouble with the law, I'm unsure of how the court will decide.
I've been considering for awhile the option of taking custody or adopting both children. I wanted to know how this would be possible. My husband and I have a clean record, our own place, and a relatively steady income.

What would be the requirements for being able to adopt/take custody of these two children? Is there a minimum income level necessary? And, if my sister manages to get back her two children, would there be a way for me to gain custody of them through her?

Thank you.

Stop a second. Take a deep breath. You're putting the cart WAY before the horse here.

Even IF the children are removed for longer than a couple of weeks, the goal is to reunification with at least one parent.

What is happening with Dad?

 

[eclipsedbyglory]

Stop a second. Take a deep breath. You're putting the cart WAY before the horse here.

Even IF the children are removed for longer than a couple of weeks, the goal is to reunification with at least one parent.

What is happening with Dad?

Dad is recently out of jail, strung out on meth, and has a history of being abusive. My sister and her husband are still together. And they have both been using for the past few months.

 

[Proserpina]

Dad is recently out of jail, strung out on meth, and has a history of being abusive. My sister and her husband are still together. And they have both been using for the past few months.

But neither has been proven unfit, correct?

Again, reunification is the first goal of child services whenever possible.

Mom also cannot sign over custody to you without Dad at least being notified - and he's not unfit, he will be able to successfully fight it.

 

[eclipsedbyglory]

But neither has been proven unfit, correct?

Again, reunification is the first goal of child services whenever possible.

Mom also cannot sign over custody to you without Dad at least being notified - and he's not unfit, he will be able to successfully fight it.

I think that the court date later this week will be to determine whether she is unfit or not, so I'm not sure about that yet.

 

[Antigone*]

I think that the court date later this week will be to determine whether she is unfit or not, so I'm not sure about that yet.

California is really big on reunification. Termination of parental rights won't even be on the table if she has never had any problems with CPS before

 

[mistoffolees]

California is really big on reunification. Termination of parental rights won't even be on the table if she has never had any problems with CPS before

Which suggests that OP's approach needs to change dramatically. She's not going to take the kids away from Mom and Dad. Rather, her focus needs to change to "what can I do for the kids". Maybe help Mom and Dad get into treatment? Do what can be done to help get the home fit for habitation. Spend as much time with the kids as possible (with Mom and Dad's permission, of course) so the kids have good role models. And so on. The kids have to live with their parents (even if CPS takes them away for a while), but you can be a good, close aunt.

 

[Antigone*]

Which suggests that OP's approach needs to change dramatically. She's not going to take the kids away from Mom and Dad. Rather, her focus needs to change to "what can I do for the kids". Maybe help Mom and Dad get into treatment? Do what can be done to help get the home fit for habitation. Spend as much time with the kids as possible (with Mom and Dad's permission, of course) so the kids have good role models. And so on. The kids have to live with their parents (even if CPS takes them away for a while), but you can be a good, close aunt.

Exactly.

The OP might be cleared by CPS to care for the children while mom and/or dad get their act together. This would mean that the OP would have to foster the parent/child relationship and assist in the reunification of the children with mom and/or dad.