Legal Question in Family Law in Massachusetts

Adoption of a Relative

I have had custody of my little sister for almost a year. Her mother (which is not mine) is addicted to illegal drugs, and has not had custody of her since she turned 1 year. She is now 4 years old. She was in the custody of my grandparents until January 2008. At that time, I received custody because they were getting too old to care for her. I was just wondering what steps I would have to take to adopt her. I know I would have to have her mother's rights terminated, but am not sure what that entails. Our father supports me having custody and has stood by my side during all of our court proceedings. Also, if I adopt her, are any benefits I currently receive for her terminated? I make good money, but currently receive $400/month from TAFDC in her name. It's not much, but it does help. Thanks in advance!


Asked on 11/24/08, 12:51 pm

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Adoption of a Relative

The adoption most likely would have to be voluntary, or DCF would have to determine that involuntary termination of the mother's rights is in the child's best interest. The child's father (your father, if I read correctly) would also also have to be consulted.

You should engage an attorney to explore this further if you intend to go forward. It is not just about benefits, which you might be able to keep. DCF, your father, and others would be involved. You would become your sister's parent, for all time, and for better or for worse.

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Answered on 11/24/08, 1:01 pm


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