PDA

View Full Version : Mother is decesed and father in prison can a uncle adopt a child


vkysar
Aug 17, 2010, 11:39 AM
Free information on adopting niece by her uncle if the mother is decesed and father in prison for murder. He has not given up his rights as of this date. Can you file for adoption with or without a lawyer?

tickle
Aug 17, 2010, 11:48 AM
It doesn't matter if he is in prison for whatever offence, he is still the father and the legal guardian. If he hasn't given up his rights then you can't adopt. How did you come by taking care of the child in the first place; was it court awarded as foster parents ?

Tick

vkysar
Aug 17, 2010, 11:50 AM
The child's mother died in 2007 and the father has been charged with murder. She lives with a great uncle and aunt. Is there free information on how to adopt the child?

smoothy
Aug 17, 2010, 11:52 AM
Nobody but the child's parents have legal rights to the kid... until the courts award it to someone else for whatever reason. That requires a lawyer, and that costs money.

ScottGem
Aug 17, 2010, 12:01 PM
This is a legal question so has been moved to the proper forum.

I would never recommend petitioning for adoption without an attorney to at least prepare the paperwork. Adoption papers need to be very complete an accurate.

If the father still has his rights, he will need to agree to the adoption or have his rights terminated. In this case, I don't think it would be a problem to get an involuntary TPR. Especially if the father will be incarcerated until the child reaches majority.

ScottGem
Aug 17, 2010, 12:08 PM
{Threads merged}