My husband is in the Army, we live overseas and were granted temporary custody of my nephew. The father is in jail awaiting sentencing for vehicular homicide. The mother, my sister is living from sofa to sofa, almost done with her probation for mis. assault and finally got her first job at walmart. She doesn't have custody of my other nephew and is denied visitation by social services until shes stable. The judge recommended we seek long term custody or guardianship, the court advocate suggested termination of parental rights and adoption. If both parents are willing how difficult would it be to adopt my nephew with the father being in jail and mother pretty much homeless?
1 Answer from Attorneys
If the parents are willing to surrender parental rights, the adoption would be simple. If one or both refuse, then you would have to go through the procedure of terminating his/her rights. If the father has never legitimated the child, he would have to legitimate in order to have standing. He would still be noticed.