hopeful....
Junior Member
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.
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.
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