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My sister wants to sign my nephews right off to me how can we do that?

San Diego, CA |

My sister is 16 years old about to be 17, I am about to be 20. My nephew has been living with me and my partner for almost a year. The father of the baby is in and out of juvenile hall since he was 13. His dad comes in and out of the babies life and does not help in any way. I love my nephew like a son, I have been there for the baby since she was pregnant. I have help financially for a year now.

Attorney Answers 3


First, your efforts are truly admirable especially how young you are. This is a sign of great responsilibily and maturity to take on a huge responsiblity. There are many questions that need to be answerd and it sounds like your interested in adoption, or legal guardianship. Not all famly law praticioners work in this area. You have many challenges ahead of you to consider (eg, your age, father's interests, mother's interests). Your sister and the father are not the only ones that must approve this adoption as your nephew's interests are considered in this process. Perhaps there are local adoption centers that may offer help, but I am not aware of one. A special advocate may be appointed by the court. In orange county, its call CASA. Also, Local Child Services are likely involved for the welfare of your nephew. Be ready for red tape, headaches and heartaches. But, the reward can far outweigh the challenges. Also, all are good practice of becoming a parent later. Consulting responsilbe family members, any church members, or friends on adoption is a good idea. Good luck.

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I am not clear if you are looking to adopt or, if you are looking to do a guardianship. Depending on which you are seeking to do, will determine the answer and with which kind of attorney you will need to speak. Signing over rights suggests an adoption, and yet you put the practice area of law as guardianship. I am also not sure what you mean by saying, "I have help financially for a year now." Are you receiving help? Giving help? Does the father help to support the child? How often, if at all, does the father visit with the child? These questions need to be answered before anyone can help you further. Good luck!

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I think you are asking about adoption/guardianship options. If you adopt, essentially you will have all parental rights as if your nephew was your natural son. If you go the guardianship route, then you will be responsible for providing the minor's food, clothing, housing, etc. but you won't have all parental rights as you would with a natural child.

Good luck!

Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.

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