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Getting Custody of my niece who's mother lives in a different state

Discussion in 'Guardians & Conservators' started by Kal-El81, Nov 26, 2019.

  1. Kal-El81

    Kal-El81 Law Topic Starter New Member

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    Jurisdiction:
    Tennessee
    I need to know what steps to take to get custody of my great-niece. My husband and I live in Tennessee and my 8-month-old great-niece is currently in our care. Her mother lives in Indiana and we drove there to pick up the baby. She wants to terminate her parental rights and allow us to adopt her. However, I need to figure out how to establish custody of her in the meantime. I need to be able to take her to the doctor if she gets sick. There seems to be confused about where we need to start. In Tennessee (where I live) I was told that I need to go to a court in Indiana and get my niece to sign over temporary custody to us. However, when I contacted a court clerk in Indiana they said I would have to file for custody in Tennessee because that is currently where the child is living. Help! I don't know where to start and I want to find the fastest and easiest way to move towards adoption.
     
  2. justblue

    justblue Well-Known Member

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    Where is the father? You would file for guardianship in TN but both mom and dad need to be served.
    Since adoption is the ultimate goal you really should hire an attorney.
     
  3. Zigner

    Zigner Well-Known Member

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    How long has the child been with you in Tennessee?
     
  4. army judge

    army judge Super Moderator

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    That would be a wasted trip.

    Children aren't chattel.

    A parent can't will, bequeath, or simply sign away their responsibilities and obligations to their offspring.

    The fact that you have removed the child from the state solely upon the alleged oral permission from an alleged parent MIGHT cause issues for you.

    Only a court can authorize what you're seeking, whether that be EMERGENCY/TEMPORARY custody, much less adoption.

    You should seek the counsel of an attorney licensed in TN, because you now have the child in TN.

    What you have done may be charitable, even under an emergency basis, but it is questionable under the laws of either state.

    I hope you get this sorted for all parties ASAP.
     
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