desperate for advice

[hopeful....]

What is the name of your state (only U.S. law)? Michigan

Please be patient with me, I am giving the whole story in order to obtain all help possible.
My brother married my sister in law 13 years ago. She had a 2-year-old daughter at the time, and my brother raised her as his own child. They, like many others, never got around to a formal adoption of the child. The biological father was never in the picture, never provided any type of support and never visited, nor did his family. Unfortunately, my sister in law passed away before anything was done, and now we are living with the fear that we may lose my niece as well. During their marriage there were legal problems with both my brother and his wife (mostly resulting from drug addictions, dui's and driving with suspended license) Two weeks before her death, their house in southwestern Michigan was foreclosed on, and the kids came to stay with me in Canada while their parents tried to find housing; My sister in law committed suicide during that time. My niece has already told me that if she is not allowed to stay with her "dad" she will run away from where ever she is placed. She is very specific about not being away from her family (my brother is the biological father of her younger brother). She is 15 years old and believes she should have a say in who she lives with, which I agree with, however my brother has to be able to legally adopt her in order for her to stay in Canada.
This child has lost her home, friends, and most importantly her mother, she should not be forced to lose anything else. It is my brothers hope to stay in Canada (he has legal standing here) and have a fresh start for his kids and himself, he has been drug free for several months, and god willing will stay that way. They are currently living with me in a good family enviornment.
I need information on the following:
Does my brother have any legal standing for adoption?
Is there an actual risk of my niece being put into the foster system?
Can a stepparent petition the court to have the parental rights of the absentee father terminated although the mother is deceased?
Can these issues be handled in a Canadian court or do we have to go back to Michigan?
Does anyone know of any cases that are similar to this situation where the stepparent has successfully been able to adopt the child?

Sorry for the long winded post, just trying to be as clear as possible.

[Ohiogal]

The child lives in Canada? Canada court has jurisdiction.

[hopeful....]

She is staying here in canada with me, but she is just visiting, she has no status here,everything that happened took place in Michigan. she is an american with no standing in canada which is part of the dilema, we want her to stay in canada with us, the only family she has ever known, however as my brother did not legally adopt her before his wife died, it is going to prove very difficult. he cannot apply for her landed immigrant status unless he is her adoptive father. Any suggestions?

[seniorjudge]

Originally Posted by hopeful....

She is staying here in canada with me, but she is just visiting, she has no status here,everything that happened took place in Michigan. she is an american with no standing in canada which is part of the dilema, we want her to stay in canada with us, the only family she has ever known, however as my brother did not legally adopt her before his wife died, it is going to prove very difficult. he cannot apply for her landed immigrant status unless he is her adoptive father. Any suggestions?

Yes. Here is an excellent suggestion:

Originally Posted by Ohiogal

The child lives in Canada? Canada court has jurisdiction.

[hopeful....]

Senior Judge,
I spoke to three different lawyers today in Ontario, and they all claim it is not under Canadian Jurisdiction as she is not living here legally, she is here on "visitors" status, and her, her mother, and her biological father are all U.S. citizens. Neither of the lawyers would touch the case. I am afraid that if my brother brings her over the border back into the states to handle this, we will not get her back into Canada. I am really just trying to find a solution to this that is in the best interest of my niece.

by the way, isn't St. Odo of Cluny a fictional parish?

[seniorjudge]

Originally Posted by hopeful....

Senior Judge,
I spoke to three different lawyers today in Ontario, and they all claim it is not under Canadian Jurisdiction as she is not living here legally, she is here on "visitors" status, and her, her mother, and her biological father are all U.S. citizens. Neither of the lawyers would touch the case. I am afraid that if my brother brings her over the border back into the states to handle this, we will not get her back into Canada. I am really just trying to find a solution to this that is in the best interest of my niece.

by the way, isn't St. Odo of Cluny a fictional parish?

If you cannot get a Canadian lawyer to help you, then the only alternative is to settle it in the USA.

Q: by the way, isn't St. Odo of Cluny a fictional parish?

A: Yes.

[TinkerBelleLuvr]

hopeful, please turn on your PM's. Looking for your county.

[hopeful....]

It is Wayne county Michigan