Legal Question in Family Law in Missouri

My sis-in-law and her husband had their child taken away from them. They have mental challanges and were found not fit to take care of him. He has been in foster care for a year and a half now. My husband and I just got married in November and have decided that we would like to adopt him. We are being told that they are between hearings where they will announce that they will not get the child back and that the foster family is willing to adopt. What are our rights to our nephew? Can the parents still sign a consent for us to adopt up until the hearing when it is announced that their rights as parents are being taken away? Do we need to get a lawyer or should we let social services handle this?


Asked on 3/21/10, 6:16 pm

1 Answer from Attorneys

Anthony Smith LawSmith

You need to contact the case worker and let her know that you want to adopt you nephew. Missouri courts tend to favor in-family adoptions over adoption by foster families. But, you have to come forward and Petition to adopt for that to happen. The case worker can probably assist you in doing this.

Good luck

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Answered on 4/03/10, 2:25 pm


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