Do I Have the Right to Adopt My Niece if I Have Had Custody of Her for the Last Six Years?

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“I have a brother and, through him, I have a niece who I legally took custody of when she was 1 month old, due to my brother being imprisoned for 6yrs and my sister-in-law passing away. My brother finished serving his time and has now been deported back to Mexico. He is now threatening to come back and take my niece back to Mexico to live with him and his new family. My niece is now 9 years old and I would like to see if I could file for adoption of her. I have heard of a law that says that after 5yrs of custody of her, I would have the right to adopt her. Is it true that there is such a law? Please help me with this. I want what is best for the benefit of my niece.”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

You will need to consult with a family law and adoption attorney in your state – you will want to find one who is familiar with immigration issues as well.  Some of this will depend on the arrangement you already have – was it adjudicated through the courts?  Do you have legal custody of your niece?  Or were you deemed a foster parent? Or was it informal? The answers to these and other questions will determine what you need to do.

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Author: House Attorney

A house attorney has answered this question.