I’m sure she could because he’s been in her care for a long time but her speaking to a lawyer may be her best bet. Your sister and his dad (assuming he is involved) would have to give up their rights for your mom to adopt him.
The court/social service has to relinquish her parental rights before he can be adopted
Need a lawyer for this type of situation honestly. This isn’t the situation where you just go to the courts yourself you should advise her to get a good lawyer.
Get a lawyer and they’ll help her get custody and or guardian ship of the kid
Probably can only get formal guardianship if Mother is still alive. This can include full custody.
You’re going to need lawyer for this situation definitely… But more than anything you will have to truly prove she’s an unfit mother and that your nephew’s life is at risk if the courts allow her to have him. Documentation like dates and times and years that she’s done something wrong towards the child or been neglectful is always important to remember.
See if the mom will sign over her rights. Or your mom can go to court or social services and say mom abandoned him
Get a lawyer, Petition to terminate rights first, if they terminate rights then she can adopt.
No meaningful contact or support for one year is all it takes to terminate her rights
Unfortunately you cannot fight the state and make him available for adoption. The courts have to relinquish parental rights in order for that to happen. Dealing with a kinship foster/adopt myself and it is a LONG and DIFFICULT process, especially when it feels as though the state is working against you.
The state gets funds for foster kids. They don’t want to terminate the bio-parents rights because that means they’ll stop getting funds for him. Your mom needs to get her own family lawyer. Someone working for her & your nephews interests not the state’s. Unfortunately that’s expensive.
The courts have to decide. Is there a lawyer involved? My mom went through the same thing for 7 years with my little brother and sister until the SCHOOL board said enough is enough and took my moms case to the juvenile judge. They kept having to grant temp custody each school year to have them continue in the school district. Finally the school got fed up for my mom having to do that yearly knowing the situation… This was after paying for a lawyer and attempting custody through signed over parental rights. It’s hard raising them without guardianship. Medical, school, paperwork purposes.
I wish I had more words. Goodluck and hang tight and fight and continue being the advocate 
it IS possible.
We come from a family of no money and even for us it was possible. The lawyer in our case was useless BUT it sounds like a good option for yall. Our situation was a little different. Don’t give up. Whatever obstacles you may face. Whatever may set yall back. Don’t give up!! 
Has your mother simply asked your sister to sign her rights over? If she has no desire to have her child or take the steps to regain physical custody of her child, she may be willing to terminate her rights. I’m located in MD and I know that it goes faster if the biological parent willingly gives up their rights.
Present the option to her as your mother is doing it FOR her and not TO her. If she is ordered to take parenting classes and show up for court, her terminating her rights would eliminate those requirements. Have your mother tell her that she would no longer have to attend court hearings and classes and she wouldn’t be required to pay support. That may motivate her to willingly sign her rights over and consent to an adoption/guardianship by your mother.
Have her check the laws on abandonment in your state. She should file for guardianship through the courts and go from there. Don’t need a lawyer, just call up to your local probate office and ask. Might even find the forms and process online. Some states even offer fee waivers for filing fees if you fall under certain income or it’s an urgent matter.
Praying this happens for the child’s sake. The courts are not in the real world sometimes unfortunately sometimes
Its very different from state to state. Signing over rights process is alot easier then a custody case.
Get a lawyer to help
Get a lawyer,they can grant emergency guardianship then proceed for permanant.
Lawyer up. A GOOD lawyer would have her rights terminated for abandonment. Which that is one year of no communication nor trying. Would also depend on the situation with the bio father. Does she know who the dad is? Does he know? If he hasn’t been aware, they would inform him and give him a chance. It’s all tricky, but without much details… I say consult with a lawyer and not just any lawyer , but one that specializes in family court and law and to from their
I had lawyer when I adopted my son…his mother was abusive…and missed many home visits
I believe that a lot of this varies by state, which means that we may not be very helpful.
The best thing that we can suggest is that if she hasn’t yet, encourage your mother to find a lawyer who specializes in family law.
Talk to the social worker as they need to know what’s going on. They try for renifcation at all costs before adopting the kids out sadly.
I don’t know where you live but you can request a CASA (court appointed special advocate). They look at all sides and make recommendations. Judges usually listen to their recommendations. Any one can request a CASA. I’m in Oklahoma and we also have a group , lawyers for children that help Pro Bono.
Is your sister willing to sign away her rights? Seems like that would be the easiest/quickest way.
If not your mom needs to get a lawyer
It takes a long time and unfortunately u need to go through the motions and jump through all the courts hoops before they will allow it…in most states unification is always the end goal so they do everything to support that until the parent proves it will not happen it’s a horrible system!!! Went through it with my niece
Be patient she’ll be allowed to adopt because mom shows no interest in getting him back there just building a case to either have her give up her rights allowing the adoption or eventually terminating her right for lack of effort
I know many grandparents who adopted their grandkids due to neglect… CPS should be able to help and act quickly…I guess it really depends on what state and county you live in…
eventually the courts will allow this, the child should be with his parents, but in some cases better elsewhere, the
courts just wants to make sure. But the child also has a father & nothing was said about him, He has rights, & if the mother can’t have him, the father can, unless there is some problems there also, But he would have to give up his rights
Is it possible your sis would give permission for her to adopt him?
If the bio mother and bio father both agree and willingly giver her custody and they willingly relinquish their parental rights then she can do a family to family adoption that way but if welfare is already involved then she needs to get a family law attorney that specializes in adoption and they can get through the red tape and loop holes a lot faster what we did was hired an attorney our attorney gave the bio parents papers to sign relinquishing their parental rights and giving me and my husband full custody until we made it through the adoption process through court and they did and our attorney took them to courthouse and filed them the judge had them signed and returned to us by the end of the day but we knew the couple its my stepdaughter family member so that played in some to and also their was already an open shinns case with other children in their care so that also helped speed it along our angel baby will be 12 this year so the best advice at this point is to seek out a attorney that specializes in family law and family adoption and best of luck to your mother
Contact an attorney.
Shoot for guardianship they seem to go for that quicker then adoption and your sister can not get the child back in her custody unless your mom let’s her or a judge allows but a judge will really look I to why your sister does not have custody
The mom has to agree with adoption but the grandparents can get guardianship through the court
She needs to get a lawyer & file emergency custody
Personally I’d get with a local lawyer for guidance and recommendation. Each state is different so I don’t wanna give you advice and t not be how things are done there.
Depends on state.
In WA, yes…
I know a few grandparents who have gotten guardianship for those reasons
They need to have evidence for TPR lots of evidence. The problem with going for guardianship, is you are then left on your own to face costs associated with care and court to continue guardianship if bio parents contest the guardianship. Medical insurance through the state is also provided to all foster kids, but not for guardianship if the grandparents don’t otherwise qualify for it. I would push DCF and the child’s attorney to file for TPR rather than go for guardianship on their own. Because they will be left on their own to facilitate visitation and file for TPR privately which is $$$$.
As an adoptive foster parent of 5 threw state and 1 private adoption
YES YOUR MOM CAN, however if CPS does it can and only will be done if baby has been in care for 2yrs and mom and dad are office defaulted and state has custody then Ayhens that point it’s another 6m fore everything to finalize
Or!!!
If your daughter knows she wants nothing to do with state and don’t want to do any classes or anything
She and father and write a notarized letter stating she wants nothing to do with the system and that it’s best for baby to be adopted to “you” and then they can go frm there!
If no father they will need to post 90d news paper call for him to come forward to say he wants baby or no that it’s better for his to stay with u.
But if no show then ot automatically said father is definitely defaulted
My first 2 adopted took that time line
My 3 was fast as she was in the system since she was 4 and was taking her at 15
My private was only a month
My last 2 right now
2yr straight frm birth I picked her up frm Hospital
My daughter didn’t want anything to do with state and was drugs
Basically said give baby to me, but because there was more then one possible father it took very long we just finished in March of last year
10 old now
Same thing daughter popped out another one and this time dad is a very much older father and he’s in no place to care for a child so both wrote in gave up their rights and we just finished hers in November.
How has your sister not lost her rights to her children
Courts sometimes act so stupid!!! Sounds like this would be a done deal already
Think the courts are against good people.
Depending on the state, after 6 months of her having him in her care she can file for custody. I would do that just so she can’t just come in and take him. Worry about the adoption Part later.
take her to court for support
And this is your mom who raised that daughter in particular? 
Most justice systems protect parental rights, because they know a willing parent is uniquely equipped to raise their child. Is there anything y’all can do to help convince your sister to start acting in the nephew’s best interests?
It’s so sad the system doesn’t look out for the children they just look out for the garbage parents.
Be patient it will happen the courts drag their feet but it will show her true colors and your mother will win
Yes. My mil adopted her grandchildren
Wait until CPS terminates her rights. Then she can.
In Illinois if you go 1yr without seeing your child they legally lose their rights and the child can then be adopted
Your Mum can get guardenship have a chat to a lawyer now not later as his mother will not ever ook after him Dont let DOCS GET INVOVELED … Good Luck an Take Care …
Adoption would require relinquishment or termination of both parental rights. Only a judge can terminate so unless both of his parents willingly sign adoption papers, unfortunately your Mom and nephew are at the mercy of the timeline of the court.
After a certain amount of time (even if she has showed up for certain visits) the court will deem her unfit due to the lack of basic essentials for the child - ie. A home/stable living arrangements, a job, food, doctors visits etc. - I am a Guardian ad Litem so feel free to message me with any questions.
People can change and I hope your sister gets herself together and looks after her baby the way she’s ment to before its too late and does too much damage. Glad he has a loving family to look after him while she’s like that. Good luck with whatever process
It depends on state law & the daughter. Most states it’s after three years but the daughter could block it. It’s best to call a lawyer that practices family law & adoptions
It took parents five years to adopt my sister. I think it would have gone on longer but her bio mom was ordered to take a drug test before she could get her visitations back and she wouldn’t do it. A year and a half later they pulled her rights and allowed my parents to adopt. The system isn’t right. Some people just don’t deserve to be parents. But you’re questions are best answered by a lawyer. Even if he’s a ward of the state you can get a lawyer and take it out of the states hands. That what my parents had to do, because the foster care system just wanted to keep dragging it out.
Document, document, document…Any episodes of violence, how often she visits and the length of time of the visit, the child’s behavior after the visit, if she gives any child support, any incidents of drug use of breaking the law, etc. Then hire a lawyer.
Yes, but get a lawyer!!
If bio mom is seeing child adoption is out UNLESS bio parents both sign offrights otherwise she has to wait til they have no/none contact for 6 months
She needs to hire a lawyer
Yes. You’d be best talking to a lawyer in your area. I always advise seeing 3 our 4 for consult.
Get a good lawyer and document EVERYTHING…CALLS, VISITS…EVERYTHING
Document it ALLLLLL.
As long as she is still getting visits through the courts there’s nothing you can do. The courts have to terminate her rights before he is adoptable.
Depending on the state… Laws are different everywhere. Get a lawyer who deals in Family court. Document everything. She can file for guardianship while waiting on the court for them to terminate your sisters right and then file for adoption. Good luck to all involved.
The mother has to give up right and the father too
If she is doing the fostering thru DHR then she needs to file for custody thru the circuit Court and get DHR out if the equation. DHRs mantra is “keeping families together” at all costs even when, sadly, that’s not in the best interest of the child. Working with the courts actually puts the child first, in our case with my grandchildren it did anyway.
Poor mom…let someone who loves and cares for him…
That’s wjat absoloutly sucks about fostering even if they are family. There is way to much emphasis on biological parents even if they’re total pieces of shit who don’t want them.
Start by asking your sister to sign the papers.
Talk to the mum she may agree
Unless your sister signs away or rights or the court takes her rights away she won’t be able to. The court goal is reunification
My heart is breaking for your poor mom
This situation can’t be very good for her
And kudos to her for stepping up to take on the role of Mother and raising another child late in life
So your nephew didn’t end up in the system
Courts seem to use the term “in the best interests of the child” speech as a blanket approach
If the magistrate lived a day in your mom’s shoes
And saw what it’s really like
His next act would be to grant an adoption
And sign the paper work before walking out your mom’s front door
If only Judge Judy was still on the bench
I guarantee you she would have judged your sister “nine ways to sunday”
Sending hugs to her
From “down under” (Australia)
Praying for a whole family reunion and it’s best for him to have mom and grandma. Praying for you guys. Unless she doesn’t want to parent then she can give permission
Document everything. Get a good attorney have u thought ab just asking the biological mother to sign her rights over to ur mom? She can get help w taking care of the child if she has that . If she is addicted to drugs u call cPS. They will have her take a drug test and if she fails ur mom will get temporary custody. Most of the time they will refuse the test and the child is removed. She has to have a clean drug test before she can ever get the child back and lots of classes. When u call cps. They investigate everything including ebt , Medicaid. She could be saying the kid lives w her and gets monthly snap and Medicaid for her and the child. Lots of times that why they won’t sign their rights away. Cps. Will investigate all that. If she’s not addicted to drugs it’s still illegal . Neglect abandonment the list goes on. Cps will be all over her.
A good Attorney is required but it will work.
Is the dad involved? If he would sign his rights to the grandma maybe would help! But I’d make it clear to the bio mom she needs to sign. She gets to see him now. If state steps in she never will . sad
I got an attorney when i took my two grandsons.
She needs to talk to a lawyer…she should be able to adopt him…she needs to see what to do to legally adopt him.
Probably not. Not without your sister permission. She still shows she has a relationship with him. It’s only been a couple years. Your mom should help her get the help she needs not take her kid away completely.
She may not be able to adopt but she can file for permanent custody that will possibly get the bio parents rights terminated.
Consiltation with lawyer is not that expensive. It cost if you hire them. Your sister should have to do the work to straighten herself out If it’s drugs or mental illness that have places in your area to get help it sounds like it’s pretty bad or you would not want to take her kid. I’m guessing she has some sort of mental illness she needs a diagnoses there can be two or three things wrong the diagnoses is key once you know what it is you can go from there
In TX there is such a thing as abandoment, I believe its 6 months. Contact a family lawyer and ask, most lawyers don’t charge for questions.
Unfortunately, if it’s a state that doesn’t have grandparents rights, she will likely need to have your sister sign over her rights, or have the courts remove her rights due to abandonment. She would have better luck with filing for custody of your nephew at this point. Either way, find legal help…there are programs out there to help financially too
I’m surprised they let this go on this long. They will have to be talking about taking away her rights. I was told if you get your child taken away they only give you a year and if you still have your child they give you 3 years to get yourself together. I would say she has a shot but it’s up to the court and it’s a waiting game. Make sure her lawyer is pushing for it too. And document everything. Not showing up to court makes things go slower bc they will keep giving her chances until eventually they dont.
Usually you have to hire a private lawyer in order to speed up the process
Is court and cps involved already? If so there’s nothing to speed up the process. She can go to probate court and tell them the mom left the baby with her and she needs to file for guardianship
Your mother needs to save her money and retain a lawyer to seek custody of your nephew so that your sister cannot come back whenever she feels like it and take him away. Your mother really has no power unless she’s been given custody of him. Legal custody is the paperwork that is signed by a judge. She should seek permanent custody. Even though she’s been taking care of him since birth, that still does not mean that she has custody of him. So please advise her to get a lawyer.
Dcs would have to terminate her rights, unless she did so willingly. Collect all evidence you can on her. Do not push visitations. One of the major hurdles in moving a foster child to foster or adoption rather than reunification is having a person willing to do so, therefore absolving the state of financial responsibility. I’m saying your part way there. Get a lawyer to speed up the proceedings.
She needs to file for full custody first then the adoption can come later.
My mom started fostering my niece 4 years ago today. Her father is a scumbag in prison for a long time and her mother is a twatwaffle that wont get her shit straight. Still a druggie and had a whole other baby smh. But she shows up for her visits too. But they did say rwcently that my mom can adopt her so im not sure if its because of the legnth of time or what but tell her keep fighting for him 
What state are you in?
That’s weird. In Pennsylvania a parent had 18 months once a child is in “foster care” or child services is involved, maybe she needs to call cps and open a case on her daughter so that they can give her a time limit to do what she needs to do to get the baby back and if she doesn’t then the state will let your mom adopt, not sure where your are from and if it’s different in your state or not. Maybe you can ask a lawyer what your best option is.