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Do I qualfy for adoption by estoppel? What are my rights?
I have raised my 5 yr old nephew since birth. His mother had him for 1 year between the time he was 1 & 2. Before his 5th birthday, CPS took him away. Both of his parents are in prison. They use "reason to believe" because 2 yrs proir to this, my brother in law was texting my 14 yr old daughter pornographic text messages from another state. When my husband and I found out, we pressed charges on him. CPS said I had failed to protect my daughter from his messages and therefore, I have a "reason to believe" on my record.
My nephew (my son as I always called him) has severe mental problems due to serious abuse from his mother. He is in a mental institution. He has been there since Halloween of 07. I have only been permitted to talk with him over the phone. CPS says I can never have him back because of what my brother in law did. That I may not protect him. Yet they saw fit to leave his 2 & 4 yr old brothers with me (one is autistic) as well as my 5 daughters. We live in Tx
1 Answer
- 1 decade agoFavorite Answer
There is no such thing as adoption by estoppel and because you took no legal action to obtain custody of this young man, you have no rights to him. Because you have no rights to him, CPS is more concerned with him than with the other kids in the home. In other words, they consider it more likely that you will protect your own children than him - and the evidence is your decisions regarding your brother-in-law (and, I imagine, a lot more than just that, since it is clear to me from this question that you are intentionally leaving a lot of things out.)
