custody of my nephew

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dvergara

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My sister in law is 21 and she would like to give us temporary that could turn to permanent custody of her child. She is not at all stable no job no stable home. She wants to try to get her life together but feels 6 weeks till shes due isnt enough time. She doesnt want someone to report her to cps and have to go through that as we were all foster kids. She has chosen us to raise her son until she can get on her feet or permanently. We need to figure out what type of paperwork we need to do to protect us if we feel she isnt ready to get him back. And what papers we need to actually have custody or guardianship to be able to take care of the legal things like medical and wic when it comes to him please help?
 
God bless you, OP, for wanting to help.

I suggest you start discussing your desires with a lawyer.

Be advised, dad, can't be discounted, either.

That's why you need a lawyer.

No, there is no simple "adopt a baby" form that one completes.

Obtaining legal custody is a complicated, lengthy, and expensive process.

It also opens your life up to detailed scrutiny, as well as your family's.

Your sister is in for a very big surprise.

You are too, OP.

Shortly after the baby's birth, a blood draw could be taken routinely.


Baby and mom's blood could be tested.

During mom's prenatal care, many routine blood draws have occurred.

They (CPS) might already know about mom's drug abuse problem.

http://www.dfps.state.tx.us/handbooks/cps/files/CPS_pg_1920.asp

At any rate,when the baby's blood is found to contain traces of illegal drugs, and the baby begins showing signs of addiction, the cat will be out of the bag.

CPS is often contacted and the inevitable will happen.

In some counties, mom could be prosecuted, if she doesn't self report and seek help.

The issue is regulated differently throughout Texas.

There was a bill in the last legislature.

The Legislature of the Republic of Texas, operates under a biennial system, convening regular sessions at noon on the second Tuesday in January of odd-numbered years.

The bill was held up in committee.

The bill will require mandated reporting (by certain people) of drug addicted babies.

The bottom line being, the mothers could end up losing their new baby, and DFPS initiating an investigation into the mother, father, and children.

There are many issues with such a bill, but we see such laws already in place.

Several states, Massachusetts, Virginia, Arizona, Alaska and Illinois; mandates that medical professionals aware of a positive drug test in a newborn report the result to social services.

The report leads to many consequences for the mother, including an investigation and the loss of the right to parent her child.

So, the dirty little secret may already be known, if not; it'll soon be known.

Sometimes, in rural areas, it doesn't happen until it's been reported.

In urban areas, larger ones especially, it's often done routinely.

It's hard to say.

If you've had HISTORY with DFPS, they are likely already snooping, peeping, prying and involved.

http://www.kens5.com/news/Child-Pro...stigate-child-abuse-in-infants-203300811.html

Revocation of custody – Texas considers a positive drug test in a newborn as part of its child welfare laws, making it probable that social services will remove the child from the custody of the mother to prevent further abuse or neglect.




http://texaslawhelp.org/issues/family-law-and-domestic-violence/child-protective-services-cps


Center for Substance Abuse Treatment (CSAT)

Substance Abuse and Mental Health Services Administration (SAMHSA)

CSAT's National Helpline 800-662-HELP (Toll-Free)

800-487-4889 (TDD) 877-767-8432 (Spanish)

info@samhsa.gov www.samhsa.gov

SAMHSA's National Clearinghouse for Alcohol and Drug Information (NCADI)

800-729-6686 800-487-4889 (TDD)

info@samhsa.gov www.samhsa.gov

National Council on Alcoholism and Drug Dependence, Inc. (NCADD)

800-NCA-CALL

national@ncadd.org www.ncadd.org

Office of National Drug Control Policy (ONDCP)

800-666-3332

ondcp@ncjrs.org www.whitehousedrugpolicy.gov

Freevibe: www.freevibe.com is an educational entertainment website for youth 11-18 focusing on drug-specific information in an entertainment setting







For information and referral help: 800-ALCOHOL


The National Association for Children of Alcoholics (NACoA)

This is their telephone number: 888-55-4COAS (2627)

www.nacoa.org

You can contact this organization via email: nacoa@nacoa.org



For Families and Friends of Alcoholics

Their toll free telephone: 888-4AL-ANON (25-2666)

Email AL ANON: WSO@al-anon.org

Their website: www.al-anon.org




www.adultchildren.org
 
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There's also one massive reason why you DO have to think about getting the State involved.

Anything done voluntarily - including custody - means that you generally don't get to decide whether or not Mom is fit according to your standards.

With a guardianship, she can quite literally file to end the guardianship and pick up her child almost immediately.

With custody, it may come down to timing - if she changes her mind in a year, she'll likely be able to take back her child. If she leaves him for 5 years, her chances dwindle dramatically.

And yes, Dad does have to be on board with this. If he steps up at any point, his rights are far greater than yours.
 
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