How can I adopt or request legal guardianship of my sibling?
March 31st, 2010
My crack addict mother is in jail for stabbing the father of my youngest sister. My sister was placed in foster care, the DYFS contacted my aunt ( who is the legal guardian of another sister and myself) and asked if she would adopt my little sister, my aunt said no. The child is now two and still in foster care. I’m 19 I work fulltime and live alone, i would very much like to adopt my sister because of the abuse I suffered while in the foster care system.
you need to talk to a lawyer who specializes in family stuff
You have to file a petition to terminate your mother’s rights to you sister, and then petition to be allowed to adopt. Talk to a family law attorney.
I don’t know if you can adopt, because that would entail converting your mother’s rights without her permission. But making an application for guardianship should be much easier, and you get the same effective control over your sister. You have to prove you are a stable person who can give her a safe home, and you have a good job.
Good luck, you’re a good sister.
The first agency I would contact would be DYFS, speak with the caseworker and express your desire to take custody of your sister.
Also call legal aid, in your area, they should be able to give you some legal advice.
I pray that everything works out for you and your siblings.
If your Aunt was contacted about adoption, there will more than likely be a short investigation into the stability of your life and then they will give her to you, if it was about being a guardian on the other hand it’s slightly more complex but as a family member you have a better chance than say I would or some other person. They would rather not have another child in the foster care system
There are a lot of things to consider in this. Are you sure you can raise a young child alone? I understand that she is your sister and that there are concerns for her. You said that because of the abuse you suffered while in foster care? IF that is your answer to family court to obtain custody they wil leave her in foster care. DON’T say that to anyone that will have any kind of impact on the decision in this. Think about what really is best for her, find help and have a plan in place for her then petition family court for custody. Courts normally try to place children with family so it’s a matter of proving you can handle rasing her and the daily care she will need (baby sitter, clothes, food, home, love etc… ). Good luck and I hope you are able to help her. I’m sure you care about her so contact your local legal aid office or what ever it is in your state, they are the best and can help you in everything you need and need to know to get this done. Some of these places charge little to no money, depending on income. I have seen this many time in my line of employment and hope it works out for you.