Hypothetically, would we get child support?

I don’t know if it’s different in each state, but I’m pretty sure once a kid is adopted it lets the biological parent be free of any financial responsibility.
Even if the dad is a complete waste case, I’m sure you would be in for quite a battle if he doesn’t want to give up his rights.

Instead you could become the guardians. In that case, depending on your state, YES, support could be given.

I would assume by adopting her 100%, and if the dad was a junky guy, the father would not be required to pay child support. But this is an extreme assumption based on no actual facts! Maybe a consideration in this case is whether the father is a part of the child’s life currently. I am sure it depends on where you live, laws always do.

Regardless, I believe it’s strongly worth sitting down with a specialized lawyer and both of you, finding answers to these and any other questions you have, and getting a concrete plan put into the will if it’s not already there. That’s why my parents did to secure me and my sister in case of a crisis. Luckily there was not one, but I felt secure knowing what would happen (my parents were always honest and told us about such plans). I don’t know if there is a difference between adoption and being a guardian, another question a lawyer could answer.

I know it’s hypothetical and all. But still, I give you a valueful answer :)
Basically it depends on where you live, depends on what the family situation is, depends on what you and the parents want.

If you adopt her and deadbeat dad gives up parental right, you are finan ially responsible. If you are the guardian, dad still has some financial responsibility. However, even if dad legally has financial responsibility, I wouldn’t count on getting any money from him.

If you adopt a child you become financially responsible. The birth parents rights and responsibilities are terminated. In a very few cases, if the child has serious medical or emotional issues, the state may pick up the tab rather than have the child in the foster care system.

In the distant past relatives could not be foster parents. The idea was that families would take care of their own but people who are living on the financial edge cannot take on the expense of more children. Of course most of the kids in the system are from poorer families.

So the choice is adoption or being a paid foster parent to your niece. What is better for you and her. If you can afford another child, if the father’s parental rights can be terminated and if you are willing to love the child as your own, adoption is the best option.

With foster care the state pays you, not the father (the state may go after him for reimbursement but that has nothing to do with you). On the downside you would have state regulations and social workers in your life. Since family reunification is usually a goal, foster parents may not be able to move the child out of state or even to another county. They may have to facilitate visits with the father and his family. And in the end if the father can stay out of jail, he may be able to get custody and you as foster parents would have nothing to say.

Quite a difficult decision to make.

Thanks for the replies, we were just talking about it since we’d be the ones who would want to adopt her.
This situation will hopefully never, ever happen.