brother in jail...mother of his child relinquished rights

[crazee]

My brother is currently incarcerated in an Indiana facility. He has a 4 year old son who he has maybe seen twice in his entire life. The mother of this child has moved to South Carolina. She has given custody of the child to a couple in that state. The couple is now trying to adopt the child. The mother has relinquished her rights, and is now asking my brother to do the same. He has received correspondence from their attorney. My brother does not want to do this because he wants a relationship with his son. That is what has kept him going while in jail. He is requesting that my husband and I get guardianship of the child, so that he can at least know his son. My brother has told me that he would be willing to relinquish his parental rights to us, for this reason. Paternity and child support were established in indiana. The couple who want to adopt the child have been given permanent custody of the child. I have all of the court paperwork stating that 1. the mother has relinquished her rights 2. the custodial couple has custody. I want to keep this child in our family. I have never met him. My brother and I know that he is in no position to support a child. That is why My husband and I would like to get custody of the child, that way my brother can at least have a relationship with him when he gets out of jail.

 

[dorenephilpot]

How much longer is he in jail? If he's going to be in jail much of the time it will take to raise the child, perhaps it's a kindness to the child to let the couple adopt him.

Do you know whether this couple is fit to be parents of the child?

Biological parents' rights are superior to others' rights, but when the parent cannot BE a parent, sometimes those rights are lost to others.

Is the court aware that family members such as yourselves are willing to adopt the child? The courts tend to favor in-family adoptions, where possible.

Is he aware that he can ask that a Post-Adoption Agreement be done that gives him rights to see the child once he gets out, so many times a year, get so many phone calls a year, letter privileges, etc.?

That might make things easier for him.

I would need to know more information before giving a more complete answer.

Hope this information helps!