Legal Question in Family Law in Missouri

In Missouri, can my we adopt an adult?

My best friend is 20 years younger than me and has no living parents. My husband and I are very close to her and her 3 children. We are already a family but would like to make it legal so that if anything should happen to her we sould have a right to the kids. Her ex-husband is a drug user (which is why he is her ex) and would want the kids just to spite us. He never sees them now but we are afraid that he would step in and take the kids just to get the insurance. Is there any chance we can do this? She is 34 and we are 53.


Asked on 6/15/10, 6:31 pm

1 Answer from Attorneys

Anthony Smith LawSmith

You may be able to adopt your friend, but the Dad might still get the kids after their mother's death, as your grandparent's rights are inferior to his. If your friend agrees, you could adopt the children, but their Dad could contest it and use their mother's agreeing to the adoption as evidence as to why he should have custody. About the strongest method is for you to accuse both parents of being unfit, seek to have their parental rights terminated by the Corut, and seek to adopt them. This would stop any benefits the mother is getting from the state or federal government on behalf of the children, and probably cuase her to not be your friend anymore.

Good luck

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Answered on 6/17/10, 11:44 am


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