Adopting an incarcerated relatives child?

My brother's girlfriend is pregnant. Unfortunately she is facing jail time. I know I should see a lawyer but I wonder if anyone knows if it would be possible for me to adopt the baby. She has other children that are in the foster care system that are not related to me so I know I can't get them but what would I have to do to get custody of this baby before it is taken?
Additional Details
My brother is facing jail time and will be going to trial three months after the baby is born. I don't want this baby to pay for their mistakes. Would it be easier for him to get custody and then sign over to me? The mother says she is willing to sign anything.

uvbeenburgled

I know next to nothing but I learned today that in the state of MI where i live (and probably some others) even relatives (grandmas, aunts and uncles etc.) have to be licensed foster parents to adopt a child so while you are contacting a lawyer and other things you could look into foster licensing? Here it is an 8 week class. Also, i think it would be in your favor for trying to adopt any child. Good luck!

kitta

This would be a kinship adoption...yes, seeing a lawyer would be a good idea...I am assuming the mother has legal counsel to discuss this with her. Each state is different, and some states are friendlier to kin who adopt than others are.

It isn't clear from your post/question whether prison is a done deal for your relatives or, if it is, how long they will be in for.

Assuming they do time, what will you do if they are out in a short time(say...5-7 years.the child will still be young). You might want to discuss this possibility with a lawyer also. Legal guardianship is also do-able. Many prisoners place their children with family members in permanent legal guardianships which would give you the legal right to make parental decisions.

Katie-bug's mommy!!!

This is just a thought, as I know nothing about the adoption nor foster care process. Being your brother's child, if the mother is incapable of taking care of the child, wouldn't he have first choice at raising the baby? This just seems practicle. Or is it possible that your brother and the mother of his child would sign over custodial rights to you?

Like I said earlier, these were just thoughts...

Baby #2 due 12-16-09

She would have to give up her parental rights. And yes, you need to see a lawyer asap.

MamaKate

Just a thought, but have you and your brother and his girlfriend discussed the possibility of temporary guardianship? If this child's parent(s) are only going to be locked up for three months, do a full adoption so that the child can return to his or her parents? Permanent guardianship or adoption can follow later if necessary. Also, guardianship is FAR less expensive (usually about $200 to $800) and and complicated than adoption so it might be a better deal since you all are family.

Good luck to all of you -especially baby, I hope you find the solution that works best for your family!

http://www.cwla.org/advocacy/2006legagenda09.htm
http://www.guardianship.org/resources.htm

mujer urbana

SEE A LAWYER ASAP. TRY TO TALK TO YOUR BROTHER AND ASK HIM TO SIGN OVER HIS PARENTAL RIGHTS TEMPORARILY OR PERMANENTLY. BUT YEAH TALK TO A LAWYER NO MATTER WHAT. GO THE THE DISTRICT ATTORNEY TO SEE IF MAYBE YOU CAN GET A LAWYER FOR FREE BECAUSE OF YOUR FAMILY SITUATION.

Mom to Foster Children

Why isn't your brother taking custody of the child?

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