A.N. asks from Wichita, KS on March 01, 2007
Adopting My Nephew
My brother is having a troubled marriage and will be moving with his current wife to see if things work out. He has a son from a previous relationship and the new wife does not particularly care for my nephew. I have talked my brother into letting him come live with us while he tries & figures out what to make of his current marriage. I hate that he has to make this decision because it should be a no brainer his son should be his answer. I was curious if anyone has been through this situation & eventually adopted them after a certain time frame. Is there a time frame for leaving custody? Would this be something I have to get a lawyer involved if he gives me the child's rights?
So What Happened?™
Thanks for your replies. This is a work in progress. My nephew is excited for the reasons he will be w/his cousins. This was to be a trial period between me & my brother but he brought up the part asking if I would want him long term. I just don't know how to handle something like this so all of your advices have been awesome & will help me alot. THANKS A.
More Answers
J.G. answers from Tulsa on March 02, 2007
My father gave me to my grandmother while he tried to save his marraige the marraige failed and i went back to him. This is a really hard situation i suggest you got to a childrens psychologist with your nephew talk things out and get her opinion. his mental and physical welfare is the most important factor. it may cost you a bit but i think it is well worth it.
R.H. answers from St. Louis on March 02, 2007
Your best bet is temporary custody only if agreeable with both parents. That way he can get him back and you can request medical treatments and such. Sometimes people dont realize that the child needs them more but want to make their relationship work. He will realize later in life what he missed. How old is the child?? Younger children will have a hard time adjusting than an older child but the older child will probably act out or want your whole attention as well.
I would hold off on adoption till your brother decides that he wants that. He said live with you temporarily but didnt say the last word. He will want if he is a good parent to be in his son's life.
Court may even set up visitation rights so no misunderstandings between you and your brother. Just a thought. He should not walk out of his child's life but help his child understand what is going on.
Hope this helps.
D.W. answers from Tulsa on March 03, 2007
If your brother agrees to let the child live with you and he agress to give you rights to the child then you can get some legalpapers and you both fill them out and sign them and have the papers noterized and file at the courthouse you wouldn't have to involve a lawyer
N.M. answers from Lawton on March 02, 2007
Your brother might not be choosing his wife over your nephew. He may be wanting to take time alone with her so that he can figure out what is going on with her and why she has the problem with your nephew and to see what he can do to make everyone happy. He might not want his son to have to deal with grown up issues. I would wait and see what is going on with them before you did anything that could eventually cause problems with you and your brother. It's awesome that you will take your nephew in to help your brother. Is your nephew aware of what is going on. You might need to have him talk to someone professionally just incase he is having abandonemant issues or if he is feeling that his dad doesn't love him.
J.B. answers from Kansas City on March 02, 2007
Hi A.,
My Aunt and Uncle are raising their grandson because his mother is unfit. They went to a lawyer and got custodial right of him. They have had him now for over 7 years and very rarely hears from his mother and hasn't seen his father in over 3 years. My cousin knows what's going on and is starting to understand but my aunt & uncle still deal with the issues of "Why don't I see my mom or dad?". Good luck with that, it's not easy on any of you. You are a good person for wanting to take him in, I admire you for that. I would be the same as you and want to take him in too. If you get temporary custody of your nephew, he will have a very appreciative relationship with you when he gets older! That way if his father's relationship works he can get his son back. At least you'll be able to make medical and school decisions for him. Hopefully your brother realizes what he's missing with his son and puts his priorities in the right place. Children first.
Good luck to all of you!!
M.R. answers from Oklahoma City on March 02, 2007
My mother is actually raising my neice and nephew because my sister is unable to. I have noticed that it would actually be a good idea to at least go and talk to a lawyer because if it turns out like my mom's case that would be the only way of keeping him in your home. As far as a time frame I am not sure but my mom has had custody of them for at least 2 years now. My thoughts and prayers are with you and I hope this helps alittle bit
J.W. answers from Tulsa on March 02, 2007
i just know this from a friend's family that has recently been through exactly what you are - the custidal parent has to release custody to you for emergency and school related things and it has to be done through a lawyer to be legal other wise he will just be staying at your house and you still have no legal rights like to take him to the er or school permission slips and all that stuff will still have to be signed by his father so yes the best thing is to get a lawyer so that you have the right to make his "adult" decisions leagally for him good luck to you and yours
M.S. answers from Lawton on March 08, 2007
If your nephew is going to be living with you, in your care,you and your brother need to be going through gardianship proceedings for you. BUT...
I know it sounds unfair but his responsibility is to his wife first however if she is being unreasonable and her opinion/ actions/ behavior are harmful to your nephews mental, physical, emotional, spiritual state of well being then he needs to explain to her that his responsibility as a father superseeds her desire to "not like" his son. There should be no contest.
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