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Query about adopting niece from sister mid divorce case


29-Apr-2023 (In Family Law)
I want to adopt my sister's 24 month old girl. My sister is currently going through a divorce case in court. I am married and have a 1 year old of my own. I live in the US (not a green card holder) on H1B work visa and would want my niece to be able to live with us in the US. Can you please answer following questions:n1. Do I need to file for full adoption or is legal guardianship enough for her to be able to live with us in the US?n2. If I do need to file for full adoption, do I need consent of father for adoption too once the divorce is finalized?nThanks
Answers (4)

Answer #1
710 votes
Hello Sir,

In specific reply to your query, please specify whether you have a boy or girl of your own?
Secondly, consent of your wife is required .
Thirdly, consent of both parents required ie your sister and brother in law.

Please call for further clarification, if any
Thanks
Adv Dr Preeti
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Answer #2
759 votes
Dear Client,

Firstly i would like to congratulate you for being so considerate about your sibling and niece, very few people does that or even think in that right direction. According to the stated facts that you are married and already have an infant of your own. You can go for full adoption so that full rights will be given to you by the competent court afterwards there will be no need to take consent from the biological father. For further details you can consult us telephonically or personally.
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Answer #3
800 votes
the first thing is that single mother didn't give adoption rather the father of child is die or not known from last 7 years and he will change there religion. but only single father can give adoption. and if the child is below 5 year then the custody of child undisputed given to mother after 5 year father can claim the custody of child. and some conditions are prevail on which city you live.
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Answer #4
795 votes
you cannot take the custody of child until the consent of father and mother both except if any one of them has renounce the world or leave the child or dead, but if both are alive than they both have given priority by the court first of all you sister have to file for custody of child or if she has full custody of child only than she can give the custody of her child to you, you can take that custody only by simple agreement or by legal guardian suit.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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