San Bruno, CA asked in Adoption, Child Custody and Family Law for Idaho

Q: nephew was just born taken into Idaho custody both parents are users. They now want to sign there rights to me can they?

I live in California and this is happening in Idaho. I know different states different laws. But she's been a drug user the entire pregnancy. My brother isn't no better and actually called CPS himself on her and has made reports and so have I. Well i was contacted by a case workwr regarding my nephew and doing a interstate paperwork and a CPS worker coming to my home to do a home check. She had mentioned both parents weren't on the same page . We'll both parents are on the same page and want to sign their rights to me. My brother and her have mentioned me adopting him in the past. They have a status hearing coming up to determine placement of the child , my question is they are now on the same page and both want to sign rights to me will it be harder now w the state involved or easier. Do I need to get an attorney to make sure my nephew is w me and not on a foster home.

2 Lawyer Answers
Shawna Murray
Shawna Murray
Answered
  • Family Law Lawyer
  • Irvine, CA

A: I recommend that you post your question in the Idaho forum since that is where the child is located. I wish you and the child the best of luck!

Kevin M Rogers agrees with this answer

Kevin M Rogers
Kevin M Rogers
Answered
  • Divorce Lawyer
  • Boise, ID
  • Licensed in Idaho

A: As a family member you will be "preferred" by the court to be a guardian of the child, if a guardianship is sought by you. The Court could start out by granting you guardianship and then down the road, you could apply for a permanent guardianship. If both parents are willing to terminate their parental rights and you are stable and willing to adopt, then yes, you'll need an attorney to draft: 1. A Petition to Terminate Parental Rights; and 2. A Petition for Adoption.

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