Can I do anything to obtain custody of my nephew?
My brother and his girlfriend had a baby in Texas. She be tested postive for marijuana and signed power of attorney to put the baby in care of her aunt, who lives surrounded by north carolina b/c the hospital wouldn't let them take the baby. I also live surrounded by north carolina and if my brother and his girlfriend don't get their act together and get their babe-in-arms back is it possible for me and my husband to adopt the baby or would the courts lean towards the aunt who has have him since birth. I also don't know if I would need to hire a lawyer from Texas or from North Carolina to help me next to this and should I first contact a custody lawyer or an adoption lawyer? I'm afraid if the aunt adopts him that they can cut him out the rest of his relatives, would I or my mom have rights to visitation?
Sounds like the mother gave her aunt guardianship of her baby. You cannot adopt any kid...if parental rights have not been terminated, not even your nephew. The mother and your brother are still the legal parents of their child...even though your nephew is surrounded by the care of his maternal aunt. Why not talk to your brother and the mother of her child, and agree to them know you and your mom would like to visit the boy. If you and the grandmother are no threat and are only wanting to pop in for purely loving reasons of your nephew...I should think your bro, mom, and aunt would have no problem.
Hopefully the parents will drop the marijuana usage.
As a side-note...once when reading at Cafe-Mom...I be shocked in discussions about pot usage, amongst married mothers with small children!
Guess it's OK to smoke weed AFTER one give birth, especially when married!! Guess...it's all about, once again...not that one is doing the deed...but fairly in getting 'caught' doing the deed. Not much has changed, I guess.
ETA: Sounds approaching your brother has a pretty serious drug problem going on. The mother of the child only tested positive for marijuana, nothing else? There's more to this story...that's for sure. Hope they both any get their act together for their child's sake...or the mother dumps your brother, gets her deed together...so she can get her baby back, and/or at most minuscule go to live with her aunt and her baby, while she is getting her duration together.
They would look at the whole family beforehand they make a decision. Me and my husband are trying to adopt our niece and before they would form a decision, they had to do to family member to see if anyone else wanted to adopt.
Answers: I'd be very interested to see those studies the first poster was citing - not that I don't believe it, but I'd really similar to to read them.
On to the topic at hand - The FIRST thing you should do is contact your brother and his girlfriend. This should not be a hostile takeover of their son's vivacity. If they honestly would rather you raise the child then you should pursue this, but you are not the authority here and you don't grasp to decide who is and is not a fit parent - although honestly it would seem that these two are in the running for parents of the year or anything. You might also want to spot your brother a paternity testing to make sure the kid is his - if he's not really your nephew it might be in his best interests to stay with someone contained by his family. Secondly, you might want to find out who at social services (or whatever its called within Texas) has the case file on your nephew. A social worker have likely been assigned to this case already, and you should reach a deal to that person about what is going on and what you can do to achieve your ends.
If the aunt gain custody of the boy, you and your mother would not have the 'right' to visitation, in the sense that the courts would not stipulate such a thing, but there's zilch keeping you from getting in contact with the aunt and going to see your nephew, the sooner the better. If she lives near you you should seize on that as soon as possible, maybe ask/offer to take the baby for a weekend or something. If the aunt is elder, she may not interested in raising a newborn, especially if she has grown children of her own.
The power of attorney is not duplicate as signing custody over, but it is important to get your name within the game soon. It is tricky, as you're dealing with a baby born contained by one state to parents in one state who is currently living with a guardian in another state...This is a slim fate, but maybe you could find a lawyer who has passed the lump in both states. Many lawyers take the slab in adjacent states or in states where on earth the statutes are similar, but for states this far apart you might have to look for a lawyer who moved from Texas to NC or vice versa. I only recommend it because at lowest possible then you'd have someone who is familiar beside both arenas.
You should seek custody first, getting the boy from his great-aunt, before seeking to adopt. Seek out a local lawyer for a consultation, even if you don't use him/her for the actual proceedings.
It probably sounds rotten, but if the only thing she popped positive for was weed, next she was probably (in her mind) taking care of herself and laying rotten the hard stuff while she was pregnant. I'm in no track defending it, but the way she sees it, she's probably done good. Sounds close to both of these people are in a bad atmosphere but you should do right by them, non-judgmental, no concern what wastes they've made of their lives.
Was marijuana the only article she tested positive for? If so, I find it hard to believe that things would actually come to having to hold someone else adopt the baby. Usually all that is required is a parenting class and *maybe* another drug question paper in a month or so. How stupid. In some countries, marijuana is prescribed for pregnant women to help with the headache of pregnancy and labor. In fact, if you refer solely to studies and statistics, it is more dangerous to let your infant study baby einstein videos than it is to smoke marijuana while pregnant. I think you should newly stay out of it. Source(s): Here comes the thumbs down. I'm still right though. : )
The court will lean toward the aunts . Why uproot a child when the child is getting proper care and love.
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Sounds like the mother gave her aunt guardianship of her baby. You cannot adopt any kid...if parental rights have not been terminated, not even your nephew. The mother and your brother are still the legal parents of their child...even though your nephew is surrounded by the care of his maternal aunt. Why not talk to your brother and the mother of her child, and agree to them know you and your mom would like to visit the boy. If you and the grandmother are no threat and are only wanting to pop in for purely loving reasons of your nephew...I should think your bro, mom, and aunt would have no problem.
Hopefully the parents will drop the marijuana usage.
As a side-note...once when reading at Cafe-Mom...I be shocked in discussions about pot usage, amongst married mothers with small children!
Guess it's OK to smoke weed AFTER one give birth, especially when married!! Guess...it's all about, once again...not that one is doing the deed...but fairly in getting 'caught' doing the deed. Not much has changed, I guess.
ETA: Sounds approaching your brother has a pretty serious drug problem going on. The mother of the child only tested positive for marijuana, nothing else? There's more to this story...that's for sure. Hope they both any get their act together for their child's sake...or the mother dumps your brother, gets her deed together...so she can get her baby back, and/or at most minuscule go to live with her aunt and her baby, while she is getting her duration together.
They would look at the whole family beforehand they make a decision. Me and my husband are trying to adopt our niece and before they would form a decision, they had to do to family member to see if anyone else wanted to adopt.
Answers: I'd be very interested to see those studies the first poster was citing - not that I don't believe it, but I'd really similar to to read them.
On to the topic at hand - The FIRST thing you should do is contact your brother and his girlfriend. This should not be a hostile takeover of their son's vivacity. If they honestly would rather you raise the child then you should pursue this, but you are not the authority here and you don't grasp to decide who is and is not a fit parent - although honestly it would seem that these two are in the running for parents of the year or anything. You might also want to spot your brother a paternity testing to make sure the kid is his - if he's not really your nephew it might be in his best interests to stay with someone contained by his family. Secondly, you might want to find out who at social services (or whatever its called within Texas) has the case file on your nephew. A social worker have likely been assigned to this case already, and you should reach a deal to that person about what is going on and what you can do to achieve your ends.
If the aunt gain custody of the boy, you and your mother would not have the 'right' to visitation, in the sense that the courts would not stipulate such a thing, but there's zilch keeping you from getting in contact with the aunt and going to see your nephew, the sooner the better. If she lives near you you should seize on that as soon as possible, maybe ask/offer to take the baby for a weekend or something. If the aunt is elder, she may not interested in raising a newborn, especially if she has grown children of her own.
The power of attorney is not duplicate as signing custody over, but it is important to get your name within the game soon. It is tricky, as you're dealing with a baby born contained by one state to parents in one state who is currently living with a guardian in another state...This is a slim fate, but maybe you could find a lawyer who has passed the lump in both states. Many lawyers take the slab in adjacent states or in states where on earth the statutes are similar, but for states this far apart you might have to look for a lawyer who moved from Texas to NC or vice versa. I only recommend it because at lowest possible then you'd have someone who is familiar beside both arenas.
You should seek custody first, getting the boy from his great-aunt, before seeking to adopt. Seek out a local lawyer for a consultation, even if you don't use him/her for the actual proceedings.
It probably sounds rotten, but if the only thing she popped positive for was weed, next she was probably (in her mind) taking care of herself and laying rotten the hard stuff while she was pregnant. I'm in no track defending it, but the way she sees it, she's probably done good. Sounds close to both of these people are in a bad atmosphere but you should do right by them, non-judgmental, no concern what wastes they've made of their lives.
Was marijuana the only article she tested positive for? If so, I find it hard to believe that things would actually come to having to hold someone else adopt the baby. Usually all that is required is a parenting class and *maybe* another drug question paper in a month or so. How stupid. In some countries, marijuana is prescribed for pregnant women to help with the headache of pregnancy and labor. In fact, if you refer solely to studies and statistics, it is more dangerous to let your infant study baby einstein videos than it is to smoke marijuana while pregnant. I think you should newly stay out of it. Source(s): Here comes the thumbs down. I'm still right though. : )
The court will lean toward the aunts . Why uproot a child when the child is getting proper care and love.
Related Questions: