Signing over child custody

[bsmichael]

My wife and I have a friend who is in a rehab clinic about to give birth to a new son that she wants to sign over her rights to us, knowing that the state of Indiana will take her child if she doesn't(alredy taken her other two because of drugs). What do we have to do to get this done?????

please help

Brian

 

[Duranie]

First of all she really cannot do this, per say. If she wants you to adopt the child, that can be done. You really need to contact an adoption attorney. First of all where is the childs father? Unfortunately nothing can be done without his consent. His rights are going to have to be terminated, along with the mothers, and you will have to officially adopt the child.

I really recommend you seeing an attorney after the birth. You can seek temp. legal custody until the adoption procedure is done but locating the bio dad might be a problem. He has first legal rights to the child if he wants it. Paternity needs to be established then his rights terminated if he consents.

Good luck.

 

[Duranie]

sorry I just re-read your post. You ar going to need to see an attorney. Also if this child is born on drugs, the state will probably take custody of it. You might be out of the loop here. The state probably will not allow you to take the child. If they have seized her first 2 kids, they are probably going to take this one too.

Seems like this woman needs to stop having kids.

 

[bsmichael]

well she has told us that she was raped by multiple people in an alley during a drug transaction and believes one of them is the father, but does not know who they are. How do I seek temp custody??

 

[Duranie]

alot of this depends on if the state takes the child.

If the state takes the child you are at their mercy. They will be taking custody and will put the baby in a foster home once it is fit too. Generally foster parents get the first dibs on adopting if they want and if the state relinqueshes the rights of the mother.

If you want to seek temp. custody then you would need to see an attorney. In order to adopt you will have to go through a complete home study. Not anyone though can just ask for custody, especially when the bio mother has as many problems as she has and the state has no idea how you even know her. She is not fit to appont anyone to care for her kids.

You need to see an attorney after the childs birth for the best advice on what to do and if you have any chance at all in having at least temp. custody of the child.