[jpatterson1218]

Can my brother sign over his parental/paternal rights to me (his sister) and my husband? He recognizes neither him nor the mother are suitable parents (both are alcoholics) and she is taking the baby to another state with her new boyfriend.

He knows he can't fight for his four month old daughter because he has nothing to offer the courts as far as responsibility. So are my husband and I able to step up?

Thanks.

[Synnen]

No, he can't.

In fact, it's a myth that you can sign away your rights without an adoption pending.

You cannot take away the mother's rights without a LOT of evidence that she is an unfit parent, either--and you would have to take away HER rights, too, in order for an adoption to even be possible.

So... what would your brother be trying to accomplish?

[ScottGem]

Your brother can agree to relinquish his rights to you. But that means nothing unless a court acknowledges it. And, unless the mother agree also to an adoption, it won't happen unless you can prove the mother unfit.

Sounds like your brother wants to be a father but realizes he can't fight the mother moving. You won't be able too either unless you can prove the mother unfit.

[Fr_Chuck]

No, he can sue for custody, and try to show , he is a better parent.

Try to prove neither are good parents and have CPS.

Does he have a child visitation order, he can go to court to stop her from leaving the state, to allow him visits.