[Tattiexx]

Hi, my sister has just turned 16, and she has a little boy who is almost 1. She has been in care since she fell pregnant, due to my mum throwing her out. She is really starting to struggle now, and wants to put him up for adoption.
Her social work suggested putting it to family to go for custody/adoption first, and so far I am the only one willing to go for it, seeing as we have all bonded with him over the last year, it would be heartbreaking to have him taken away. And although my sister is giving up, I know she would regret it later, and at least if I got custody she could still see him, and he could see his mum.
However I am only just turned 21. I just want some advise as to what goes in my favour etc...

I work full time and have done with the same company since I was 16, have been with my partner for almost a year now, who also works full time. He has 3 children who do not currently live with him, as his mother stays over 300 miles away and he sees them on holidays.My work are fine with me cutting down my hours, and I have lots of family who would be willing to sit for me on the days I would be in at work.

Unfortunately, I am still at home with my dad. He is away almost 9 months of the year, and there is a room for my nephew. I unfortunately do not drive, but would have regular transport to and from shops, amenities etc..

Can anyone give me some advice. My sister is hoping I can get him, rather than him go up for adoption.

[Synnen]

*Moved from Adoption*

[AK lawyer]

... I ... have been with my partner for almost a year now ...

Looks like a good plan.

You could adopt him, but if you and your "partner" want to adopt him you would have to be married (in most places). I throw this in because in many places "step-parent" adoptions are streamlined. No homestudy, etc. needed.

[Tattiexx]

Hmm, well my sisters carer, advised that it would most likely be put down as a residency order. Where My nephew Taylor would live with me, but my sister would have all the rights. I woul dhave full custody, she could not take him away from me and could not see him unless I was OK with it, but I thought that be best. At least She can still see him, but I have control over how often so as to not upset him or confuse him. She will still be his mother no matter what, as I would not take that from her, as she is being so brave giving him up.

[Synnen]

Tattie, I only posted that so that you would not get lambasted by people for not looking at the stickies for the Family Law forum when you hadn't posted it there.

It wasn't an answer to you--it was information for the others coming along and answering your post.

[GV70]

Hmm, well my sisters carer, advised that it would most likely be put down as a residency order. Where My nephew Taylor would live with me, but my sister would have all the rights. I woul dhave full custody, she could not take him away from me and could not see him unless I was ok with it, but I thought that be best. At least She can still see him, but I have control over how often so as to not upset him or confuse him. She will still be his mother no matter what, as I would not take that from her, as she is being so brave giving him up.

There are two ways in Scotland:
1.Residence Order
A residence order is a court ruling on where a child will live. An order can be granted to more than one person and can be made jointly to an unmarried couple.
114 Residence orders:



“(5)The power of a court to make a residence order in favour of any person who is not the parent or guardian of the child concerned includes power to direct, at the request of that person, that the order continue in force until the child reaches the age of eighteen (unless the order is brought to an end earlier); and any power to vary a residence order is exercisable accordingly.

(6)Where a residence order includes such a direction, an application to vary or discharge the order may only be made, if apart from this subsection the leave of the court is not required, with such leave”.



2 Special Guardianship ,according to Adoption and Children Act 2002, section 115

14A Special guardianship orders

(1)A “special guardianship order” is an order appointing one or more individuals to be a child's “special guardian” (or special guardians).

(2)A special guardian—

(a)must be aged eighteen or over; and

(b)must not be a parent of the child in question,


Both orders can be revoked by the court (on the application of the special guardians, the parent , or anyone else with parental responsibility).

[Tattiexx]

Thanks Synnen

[ScottGem]

Just as an aside: may I call your attention to the guidelines for using the comments feature found here:

https://www.askmehelpdesk.com/feedba...ure-24951.html