Ask Experts Questions for FREE Help !
Ask
    vkysar's Avatar
    vkysar Posts: 2, Reputation: 1
    New Member
     
    #1

    Aug 17, 2010, 11:39 AM
    Mother is decesed and father in prison can a uncle adopt a child
    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's Avatar
    tickle Posts: 23,796, Reputation: 2674
    Expert
     
    #2

    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's Avatar
    vkysar Posts: 2, Reputation: 1
    New Member
     
    #3

    Aug 17, 2010, 11:50 AM
    Mother is decesed and father in prison what are the legal rights of the uncle
    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's Avatar
    smoothy Posts: 25,490, Reputation: 2853
    Uber Member
     
    #4

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    Aug 17, 2010, 12:08 PM

    {Threads merged}

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

How can unmarried father adopt child of single mother [ 9 Answers ]

I am a single mother of a 3 yr old, who was dating this guy who's in the military.The guy has been there for my daughter since she was first born,and do everything for her now whenever she need or want.The guy has been trying to sign papers to adopt her, and I never let him but now I'm thinking...

Father in prison/child support? [ 4 Answers ]

My children's father was just sent to prison for 27 years and still has another trial coming up for a separate crime and will probably be in prison for the rest of his life. They offered him a 50 year plea on the one coming up and he did not take it. My question is, I am going to file for divorce...

I would like to adopt a child.Is it possible if my husband is in prison? [ 1 Answers ]

I have a long history of endometriosis and infertility. My husband and I have wanted to have a child for years and were going through infertility treatments. During the infertility treatments my husband got caught in the middle of something at work. He was at the wrong place at the wrong time. ...

New step father wants to adopt child that has no father on birth certificate [ 1 Answers ]

I am a new step father and I wish to adopt my 4 year old step son and my 8 year old step son . The 4 year old does not have a father listed on the birth certificate and the 8 year old does but the bio-father has not made any kind of contact in 5 years but is court ordered to pay child support and...


View more questions Search