Can I Adopt My Friends Baby If I Had a Children Services Case Before

Updated on June 16, 2016
J.B. asks from Palmdale, CA
11 answers

Would like to no if I can adopt my friends baby if had a dcfs case in my past

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W.W.

answers from Washington DC on

well first?? are you educated? It doesn't sound that way - no is a negative - no, I don't want to go. KNOW means knowledge. You are NOT texting.

You need to contact a lawyer.

This post doesn't have enough information but the bottom line is that YOU NEED TO CONTACT A LAWYER!

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E.T.

answers from Rochester on

I was a guardian ad litem (child advocate) for an open adoption (the birth mom knew the adoptive family). One of my responsibilities was reading ALL of the paperwork related to the adoption. The adopted family had to go through background checks, home inspections/visits, had their finances checked out, did multiple interviews, etc. By the end of the process I knew every intimate detail about the adoptive family. My responsibility was to decide if the baby would be safe, loved, and cared for with the family. You will need to talk to a lawyer in order to start the process. Every single aspect of your life (and anyone else who lives in your home) will be checked out. If there is any concern, the adoption will not be allowed.

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D..

answers from Miami on

This isn't the place to ask. You need to talk to a lawyer.

Why did you have a DCFS case in the past? Do you have the child now? How old is the child? Are you supporting this child as a single mother?

Please don't try to adopt a child if you haven't altered your lifestyle in such a way that you won't end up with another DCFS case. It's not fair to the baby.

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T.F.

answers from Dallas on

Ask the authorities where you live. We have no idea what rules are in place in your town.

Ask an attorney and the dcfs department.

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N.B.

answers from Oklahoma City on

Yes. BUT....

If the child is in the state's custody you will have to go through a background check much like a police officer does. You'll have to pass that and if there are any criminal charges you won't pass.

If your investigation proved to be unwarranted or the problems were solved in a good way then it shouldn't be a problem.

The good thing about adopting through the state is that they pay all costs. If that child is in their custody and the parent's rights have been terminated THEN that child is free to be adopted. The foster family will get first choice. If they want this child and they've shown he's doing well in their home then they'll get to adopt them if they want them.

If the foster family doesn't want to adopt this child they will go to the father's family and the mother's family next. If a blood relative doesn't want them then you would be the next likely person.

If the child is living at home and she just can't take care of him then the two of you can go to the courthouse, file the paperwork, you pay the thousands and thousands in court costs and attorney fees, and the child is yours. No state involvement at all.

BUT BUT BUT BUT BUT BUT.

If this adoption isn't signed off by the biological father, no matter who it is, that father can always come back and file charges against you and take this child away. He has not signed his rights away even if the mother didn't put his name in the birth certificate. If he can prove biologically that this child is his child and he wasn't consulted then that child's adoption was never valid.

You must tread lightly here. Even if the father doesn't want this child his mother and father might want their grandchild. The mother's mother or father or sibling might want this child.

You, not being related, aren't guaranteed the right to adopt until every single blood relative this child has is on board for you to adopt so they can't come back in a year, 5 years, 10 years, if you die, etc...it must be completely legally done with full representation of an attorney who is absolutely up to date on the adoption laws and that works closely with the state and how to get all parties signed off.

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S.B.

answers from Houston on

I have no idea. You need to talk to an attorney

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S.L.

answers from Des Moines on

What was the charge? What was the outcome? I guess that might make a difference...you haven't given much to go on.

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K.C.

answers from Anchorage on

I know someone who wanted to foster children and she could not because she had a dcfs case years ago. So I doubt you would be allowed to adopt if they won't even allow fostering. But you need to check the laws in your state. Or contact an attorney and ask.

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D.D.

answers from Boston on

My guess would be that you'd have to look into that because depending on your dcf case it could stop the adoption in its tracks.

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A.L.

answers from Atlanta on

I think you definitely need to talk to legal experts and the DCFS people in your city. They know the laws and way things work in your state. Also, only they can look at your case history and decide whether you would be a good prospect now. Since adoptions involve lawyers and DCFS anyway, start talking to them now.

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M.P.

answers from Portland on

I suggest you talk with an attorney. We really need more information. Is the baby a subject of an investigation by DCFS. If so, DCFS, will be involved in the adoption and it's likely you won't be approved.

If it's a private adoption involving the mom and father, I don't know. An attorney can tell you. He will also give you information on the legal requirements and how the adoption will proceed. I think that the court will require a home study. I don't know if your prior involvement with DCFS will go against you. An important factor is the reason for their involvement and it's outcome.

Is the baby living with you? The mother? Does the mother want you to adopt. The father also has to agree. Are the parents providing for the baby's needs? (Shelter, food, a safe environment)

Adoption is a long process. You need to talk with an attorney. If the baby's care or lack there of is being investigated by DCFS, you should ask them. DCFS has their own process for adoption. If the parents don't sign away their rights and not able to care for the baby, there will be an investigation and a court hearing to terminate the parent's rights. The investigation involves working with the parents to see if they can correct any problems and show that they can be adequate parents.

Good that you ask first about your history. If it will prevent your ability to adopt, best to know before you spend time and money towards adoption. DCFS' adoption office will be able to answer this question as regards to adoption from them or a private adoption.

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