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BOARD: Topics of Interest for Adoptive Families » Other Topics for Adoptive Parents

TOPIC: Aunt & Uncle Adoption laws for 15 yrs old. HELP please!

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Posted By Message
rebeccaPosted: May 30, 2007 09:33:21 PM
I do not know a lot, and what I have read is due to searches or articles. I am thinking about moving to texas myself. I believe you need to file a petition in court for guardinship due to the father and mother being abusive and having substance abuse. You would be counted as foster parent. From the stand point of taxes, he should not be claiming the child because he failed to provide over 50% of the support. The child lived with you, and you provide his support. The federal irs law states 5 test should be met, you will meet them based on what you are telling me. The father will not be able to show he paid for medical bills, school expense. Expecially if the child attends school in the area where you reside and you are listed as guardian on the school transcripts. I feel for you but try to apply for guardinship(emergency) through the court system. I believe you would go through the DSS department social services would probably be able to help you.

Norma SwiftPosted: Apr 16, 2007 02:50:24 PM
I am writing here b/c I don't know where to turn and maybe someone could know a little something. I do not know if we need a lawyer or if we can just do it alone... Here's my story: I have a very difficult situation, we are wanting to adopt my 15 yr old nephew. Both parents are alive, his father does not want him but only to claim him on taxes and mother can not help him b/c she is an alcoholic living with people and most of the time homeless or in jail. . His 18 yr old sister is very selfish and will not help either, she doesn't even want the mother to help me, we were raising her too off and on for 3-4 years and recently she left with her female companion, that is physically abusive to her. We did not want her to do this and live like this, she had started going thru her own problems, she was very abusive to him too verbally & physically and threatened him so he would not tell us, this all went on in the same house & we found out when it was already too late. Well now she does not consider us her family, and sides with the father that didn't even want her either...who knows... those kids are so messed up b/c of the dad. Anyway... We are in TX and do not know what procedures we need to do to obtain all of this. I know his father, my brother, will refuse this all b/c of money. He's your typical deadbeat dad, twice over... always makes him promises and never fulfills them, he'll take him to his house for a "family party" and make him mow and clean while others are there, and laugh and poke fun at him plus talk about us. This really hurts my nephew and us & my husband will go round & round with the father but that gets no where. He make no time or no offer to help him, he has never given us a dime nor will he give me the birth cert or ss card for school,drivers ed, work, or anything else... I am always having to struggle to gather information for him for doctors/health records, pretty much anything... The father is very controlling and abusive both mentally/verbally man, my nephew does not want to be with him and asked if we could adopt him. My husband & I have talked about it before but with the parents alive we do not know what to do, if someone could please e-mail with some information or a name of a knowledgible person you know we could speak with, or if you have had any adoption issues similar to these please e-mail, anything will help me. The father has given me verbal custody only if he can use him on his taxes and I agreed because we don't care about the money, we care about my nephew, my family and now we want to make him legally ours. We've had him 1 yr this time, but also off and on for 3 years or so. Please any advice.



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