Location: NY
I live in NY and my sister and uncle live in TX. My uncle adopted my sister at age 9 after our mother died and we were in foster care. However, with their age and her mental health issues, they have decided they no longer want the financial or legal responsibility for her and have decided to grant me custody.
I will be contacting a family lawyer, but im unsure what kind of petition I would be filing. They are relinquishing their rights as her legal guardians, so im unsure if this would be considered a readoption or what. Just want to be prepared when I talk to a lawyer and have a general idea what to expect. Especially as this will be crossing state lines.
Comments
NAL but you should be talking over the situation with the lawyer and let them tell you what they’re going to for you for the situation.
Don’t think you have to direct them to exact forms and filings that the government requires or the courts require. They are the experts and you are hiring them because they will know or figure out what to do for you.
Do you have a good relationship with your uncle? If so, a power of attorney may be the easiest route. Your uncle would retain his parental rights and give you authority to make parental decisions on his behalf. In 2 years your sister will be an adult and can make her own decisions. If your uncle were to instead relinquish his parental rights and have you adopt your sister, your uncle would have no say in how your sister is raised in your care. The adoption would trigger the Interstate Compact on the Placement of Children which will greatly delay the process. The other option would be guardianship which may also trigger the ICPC and delay the process. A POA is probably the easiest route and only becomes problematic if your uncle dies (or otherwise revokes the POA) before your sister turns 18.