Question about adopting a child in CPS custody

Because you have a relationship with the childs family, it would be considered a kinship placement. IT certainly CAN happen, esp if the uncle the child is placed with is not interested in adoption. HOWEVER, because her child is in CPS custody- she now has little to no say about where the child goes, and it is up the caseworkers & judge in the childs case. Obtaining a lawyer was a very smart choice. Best of luck to you.

She doesn't have a lot of say in where the baby goes, but if her attorney can get her to sign her rights over to you and name you as the adoptive parents, it can happen. CPS would do a home study on you to approve you before placement.

Thank you for your reply. I felt like it was out of her hands as well. I believe the uncle would like to keep the baby, but the mother is determined that she will end up with us. This is very nerve wracking and we won't know anything this week due to the holiday.

She is willing to sign whatever paperwork is required in order to allow us to adopt the baby. I am just not sure how the courts will view us in comparison to the uncle.

This is just my general understanding, but unless the ex-sister-in-law had this baby with your brother, then I don't think you would be considered a kinship to outweigh the uncle if he is giving the baby a stable home life already and is willing to fight for her. If the mother is this desperate to sign the rights over to you, please proceed with extreme caution, she probably thinks she can control you (like she sort of is right now by dangling this baby over your head) and so she will think she can still call the shots and be mom-from-a-distance, maybe even come get the baby back whenever she feels like it. If the child has already been taken by CPS for drug usage, depending on the county and case file on her, she may not even be able to sign anything over to you. We were told to never try to make private arrangements to have birth parents sever their parental rights, and that it was a matter for the laywers and CPS to deal with, so I hope she's not trying to drag you guys through the ringer. If CPS is going for termination, then the smart course is to take the classes, get licesnsed now, and let CPS know that you have a distant connection to the baby and would be interested in adopting her. Be careful and good luck.

The bmom of my 2 oldest asked me if I would adopt them while was fostering L. P was in an RTC. In NY, before parents can relinquish, adoptive families have to be found (from what I've been told),.

I think it depends on the state. Many times, to avoid the long road to PRT or TPR, the state will willingly go with the mom's choice if they are a fit home. The only issue here is the uncle. If the uncle is a fit home, and it seems he is, you have a great chance if he doesn't want to adopt. If he does want to adopt, his having custody will probably make the fight harder. But she is still mom, and she has rights, they will care about what she says. You were smart to get an attorney early on! Listen to your attorney. It will save you lots of heartache.