I am trying to adopt my niece, My sister is on drugs and my mother can not do it.

[fadeddreamz58]

I live in South FL. My niece has been in custody of the state since she was born (April 29, 2009). The couple who has her is planning to adopted but I do not want them to. I know the family from their son, we went to school together. They are not a good family, the father is a drunk, the mother is psychotic, and their oldest son is well not exactly the best person. My sister's ex (the father) signed his rights away, the state of Florida already has told my sister she can not have her daughter. My mother is unable to adopt because she is living with my sister, and they both are on heavy narcotics. I really wish to see my niece grow up in a good environment. I have stable housing with room, I have transportation, a job, no criminal history, and a sane mind. As does my fiancé. We both have a son together as well. What do I need to do to get her in my custody? My sister still has her rights, so she is not adopted.What is the name of your state (only U.S. law)?

 

[Antigone*]

I live in South FL. My niece has been in custody of the state since she was born (April 29, 2009). The couple who has her is planning to adopted but I do not want them to. I know the family from their son, we went to school together. They are not a good family, the father is a drunk, the mother is psychotic, and their oldest son is well not exactly the best person. My sister's ex (the father) signed his rights away, the state of Florida already has told my sister she can not have her daughter. My mother is unable to adopt because she is living with my sister, and they both are on heavy narcotics. I really wish to see my niece grow up in a good environment. I have stable housing with room, I have transportation, a job, no criminal history, and a sane mind. As does my fiancé. We both have a son together as well. What do I need to do to get her in my custody? My sister still has her rights, so she is not adopted.What is the name of your state (only U.S. law)?

This is not your call, and I'm sure the State of Florida has exercised care in placing the child. You will need to get an attorney because at this point it seems that Florida has its own ideas when it comes to this child.

 

[fadeddreamz58]

They don't have a care plan yet. I have talked to some of the DCF workers on the case. I just need to know what I would need to do to go about getting custody.

 

[Antigone*]

They don't have a care plan yet. I have talked to some of the DCF workers on the case. I just need to know what I would need to do to go about getting custody.

What did DCF say when you asked them that question? At this point in time they hold ALL the cards.

 

[justalayman]

from a friend who deals with this type of thing (although not in Florida) it seems that the DCF/CPS/ whatever tries to keep a child in a blood relative relationship when they can. If Florida follows similar practice, it would seem you would be the "go to gal" but if they are resistant, I would suggest they have reasons for such.

. I just need to know what I would need to do to go about getting custody.

talk with DCF to see if they believe that is a possibility.

It would not hurt to hire a lawyer to advocate for you or, if there are any means of forcing the issue, to know and apply the laws that would allow such.

 

[fadeddreamz58]

Antigone*of*Greece
They told me that they are looking in to my mother but it's not likely she will get custody. They want to find a family member to take her, but the foster family is pleading to keep her and has some of the case workers on her side, I have probably 1 out of the 3 on my side.


justalayman
Thank-you for your advice. I don't believe they are resistant, but hesitant due to my sister.

What city should I find a lawyer in?

 

[ecmst12]

Are you approved as a foster parent? That would be the first step.

 

[fadeddreamz58]

No I am not a foster parent.

 

[ecmst12]

I don't see how you think the state can place a child with anyone not cleared to be a foster parent.

 

[LdiJ]

I don't see how you think the state can place a child with anyone not cleared to be a foster parent.

Kinship placement does not require that the person be cleared to be a foster parent. This would be a kinship placement.

 

[fadeddreamz58]

I didn't think I had to be a foster parent, because I am biologically related. Plus the State of Florida place 3 kids in custody of the father of the children's sister, And I know she is not a foster parent. I'm surprised still that they gave them to her, but that is not my issue. I guess now I am looking for a kinship placement. How do I start? I contacted DCF again. I am waiting on their response.

 

[Gracie3787]

I didn't think I had to be a foster parent, because I am biologically related. Plus the State of Florida place 3 kids in custody of the father of the children's sister, And I know she is not a foster parent. I'm surprised still that they gave them to her, but that is not my issue. I guess now I am looking for a kinship placement. How do I start? I contacted DCF again. I am waiting on their response.

Wait for DCF caseworker to get back to you.
In the mean time you can get a consult with a local attorney. You can get a low cost consult by calling the Florida Bar Lawyer Referral Service at 1-800-342-8011.

 

[PQN]

Why wasn't the child placed with you when she was first taken into care?

 

[stealth2]

Why wasn't the child placed with you when she was first taken into care?

I'm curious about this, too. And why has it taken over a year for you to take any action?