Legal Custody, Guardianship, Adoption

[Out of ideas]

Trying to find out the best thing to do and what the differences are between guardianship, legal custody and adoption. My brother-in-law's girlfriend wants my husband and I to raise their son after she passes away. My brother-in-law has a drug (herione) and alcohol dependency and is homeless. Their son's birth certificate states "Father Unknown". The mother has hepatitis C and does not have much longer to live. She just asked me if we planned on adopting him. I really don't know what is entailed legally in each of those options. We want to do what is best for my nephew. Can we adopt him after the mother passes away without any problem from the father if he is not named on the birth certificate? What about health insurance? Would he be able to be insured on our family insurance if he was not adopted? Would he receive Social Security from the mom's passing? Just looking for some general answers. I realize that the father could prove paternity, but am doubtful that he would ever do so. We all currently live in Illinois.

 

[deefran]

To be safe legally, you, your husband, and the mother of the child should hire a lawyer and have the father's rights terminated due to abandonment. Because of a worst case scenario----You adopt your nephew, WITHOUT the father's knowledge or permission, he cleans his life up and contests the adoption and the child will be given back to him, (or a LONG and costly court battle would ensue with you possibly still losing) Even if the father is not listed on the birth certificate, all of you know who the father is, and you do not want to make the mistake of perjuring yourselves in court. Good Luck to you.

 

[mammayavanna]

if your state has the same laws as NJ you can at least go in and sign for mutual custody, where the mother signs over custody, my husband and I did it with our granddaughter and I was able to put my grandaughter on my insurance, at least this would be a start and the child would be safe.