I want to know if my brother can sign over his child to me.......the mother has no rights as of right now she over dosed with her in the car and now she has a baby with someone who murder someone but only got manslaughter....someone told me that my brother could sign my niece over to me cause the mother has no right and if he does both will lose all rights....is this true and if not could I fight for her?
There are a lot of complicated legal and factual issues here - you should sit down with an attorney and go over the situation with him or her. I will try to make some general comments.
I can say that you can't simply "sign over" a child. You and your brother could make a private agreement giving you temporary custody, but the mother could still challenge this. Unless we are talking about a limited time period, what you are seeking would be a court order giving you custody of the child.
When you say that "the mother has no rights" do you mean that a court has terminated her parental rights? If that is not the case, then she still has some rights as a parent, despite the fact that there are some serious problems which would preclude her having custody of the child at the present time.
If her parental rights have not been terminated by a Judge, and if there is a dispute concerning custody, a Judge will have to decide the question. As a non-parent, you do not automatically have the right to initiate this type of case, unless you have in fact been caring for the child and acting as a parent for some period of time. It is possible that your brother could initiate the case, and argue that the court should place the child with you. Another possibility, if neither parent is willing and able to properly care for the child, is that Children and Youth Services would step in. They usually prefer to place the child with a family member (such as yourself) as opposed to a foster home.
This is not intended to provide legal advice about your situation - just a few casual remarks about a legal question. We are a debt relief agency helping people file for bankruptcy.
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