Wanting to get Permanent Custody of my Nephew

Melissa - posted on 07/10/2014 ( 3 moms have responded )

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HI I am trying to find out about getting permanent custody of my nephew. My husband and I have been raising him as our own since he was 3 he will be 11 this month. We have a notarized paper where the mom signed she no longer could mentally, physically or financially take care of them dated back when we got him. His birth parents my brother and sister n law have and continue to use drugs and are in and out jail. They cant keep a job. But they want to call once in a blue moon to try and say we took there child when truly DSS was the one who took him out of the home. They keep threatening to come back and get hi, and though I have really no fear of that happening I would like to make it impossible for them to do so. He loves us and we love him and we couldnt imagine being separated. He knows who they are but he hasnt seen the mother since he was 5 and she hasnt attended a birthday party since he was 4. The Dad speaks to him maybe three or four times a year if that much. I want to protect my son from the damage they have already caused on my other nephews. They only worry about themselves and their own feelings not the welfare of their children. Any advice or help would be truly appreciated. Thank you so much and to all who read have a blessed day.

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Ev - posted on 07/10/2014

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And if the parents have criminal records or record showing things going on like with DSS, that is not going to look so good for them in court on the custody thing. So it sounds like you have done so far what you can in this. Maybe check with a few more lawyers to see if they come up with the same thing as the one you have been dealing with.

Melissa - posted on 07/10/2014

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At the time we thought it was going to be a temporary situation. The Dad was in jail and the Mom had the boys. When DSS stepped in they required the Mom to take a drug test but she refused. We then came up with the notarized guardianship because the Mom said she basically didn't want to and couldn't handle taken care of them. My husband and I checked with a lawyer when he was 7 about adoption but the lawyer said it could cost anywhere from 5,000 to 20,000 dollars if the birth parents contested it.

Ev - posted on 07/10/2014

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So if DSS has taken the kids from them then they have a case on the parents? And is that notarized paper a court order or just something the bunch of you came up with so you could handle raising him. I am surprised you did not go for guardianship of him. Are there records of the parents' drug abuse be it medical or criminal? That would be the only way to get the boy permanently from them. Also you would have to go to court.

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