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About Colleen
Expertise
I can answer questions about the adoption process. I don't handle questions about searches for adoptive parents.

Experience
I have three adopted children. The two youngest were adopted as infants. In both cases, we dealt with the birthmother during her pregnancy and a bit afterwards. Our children are now old enough to begin asking questions and we are dealing with those issues.
 
   

You are here:  Experts > Parenting/Family > Adoption > Adoption Issues > Legal Guardianship

Topic: Adoption Issues



Expert: Colleen
Date: 8/18/2007
Subject: Legal Guardianship

Question
Hello Colleen,
 My name is Craig, thank you for helping us with this issue.
 My wife and I traveled to Louisiana last month and took custody of my 22 month old nephew.  After having the child in our home for over a month, I realized that I cannot handle a toddler running around anymore.  With both of us working full time, my wife attending school full time and our other three children's schedule, it is hard for us to continue to raise this child.
We have legal guardianship granted by a judge in Louisiana and the mother cannot take care of the child and is currently living in a homeless shelter.
 Can I give this child up for adoption if I only have legal custody?
 Thank you

Answer
Hi Craig:  Unfortunately, there really isn't any way I would know this.  You most likely would have to contact an attorney.  "Legal Custody" can mean a lot of different things, depending on what the custody arrangement is.  If his mother is living in a homeless shelter, and she consents to letting the child be adopted, that would probably work.  Is there a father in the picture who can help?  It sounds like you and your wife definitely have your hands full, I believe it is a wise decision to not take on your nephew at this time. I would think your legal guardianship papers might allow you to place the child in foster care, preferably with a family waiting to adopt.  Why don't you call your local Child Protection Services first?

Good luck!

Colleen

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