I need Guardianship Advice

My sister-in-law has an extensive history with our local social services office. She just gave birth to her 10th child and wants to give guardianship to me and my husband (her biological brother). We have a child of our own, live in a house, have college educations, and are financially comfortable. What are our chances of getting guardianship of our new nephew (social services doesn't have him yet, he was born 2-7-09), avoiding social services involvement, and what are the steps we need to take?

You can arrange guardianship but she will retain the right to have the child back basically whenever she may decide.

...make sure you are all clear on what rights you really have or don't have.

just FYI

"guardianship" designation allows the caregiver to access services on behalf of the child that without such a designation might prove impossible. Unlike with adoption, a parent can go back to court and ask for the guardianship to be ended and the care and custody of the child returned to the parent

Laws vary state to state. What others have said is basically true, but you obviously need to contact an attorney in your state. Note that adoption, however, would require her to either voluntarily relinquish her parental rights or your having her found unfit and having her rights terminated by the state.

If she is willing - you could go the first route. Have an attorney draw up relinquishment papers and consent to adopt. If you are willing, you could include a contact agreement whereby you send updates, photos and even allow visits, but maintain ALL parental rights and she could not ever undo the adoption.

The second scenario is likely to create hostility. More importantly is that involving the state in finding her unfit will result in the child being placed in foster care and you may or may or be considered the best choice for foster care or adoption based on your ages etc. And, if you have created animosity by charging her as unfit she can insist that you do not adopted her child.

If she is only willing to allow guardianship, you need to weight the possibility of her attempting to reverse it, inasmuch as she has ten other children - depending upon who is raising them. Remember that even in adoption or any circumstances - parents only have total control for 18 years.

Mirah Riben, author
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