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Custody of child to person other than parent?

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#1 angel5309


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Posted 28 November 2012 - 08:19 PM

I live in Indiana, my son is in prison and his child was born while he was incarcerated. Paternity has not been established yet due to him being in prison. Mother of child has left infant with me since he was 3 mo old. He is not 8 mo old. She also has been incarcerated for 6 weeks. She is now out of jail and I have returned child to her upon request. I has been 9 days since her release and me turning child over to her. I have just found out, she has since then taken him to her aunts house and that is where he is staying. "Aunt" is willing to allow me to come get him and bring him home with me. I can not get in contact with the mother. What rights do I have and what would I have to do to gain legal custody of child?

#2 Ted_from_Texas


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Posted 29 November 2012 - 04:13 AM

Until your son's paternity has been legally established he has no enforceable parental rights whatsoever, and so by extension neither do you. Your son's incarceration should not prevent him from being able to establish his paternity. He needs to speak with his attorney to find out what to do and how to do it.

After paternity is established and a custody order issued, you might be able to obtain visitation rights in lieu of your son during the course of his incarceration. Based only on the facts in your brief message, legal custody is not in the cards for you at this time. Consult local counsel.

#3 pg1067


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Posted 29 November 2012 - 07:34 AM

What rights do I have and what would I have to do to gain legal custody of child?

Absent a court order, grandparents have no legal rights whatsoever regarding their grandchildren. Depending on the laws of your unidentified state, you probably have standing to petition for a visitiation order. However, you would need to establish that you are, in fact, the child's grandmother or grandfather, which means your son's paternity would have to be established (not clear why you're assuming your son is the father). Custody is out of the question unless the local child protective services authority were to remove the child from his current home and choose to place him with you.

#4 Guest_FindLaw_Amir_*

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Posted 29 November 2012 - 09:14 AM

In almost all situations, a court will keep one primary question in mind when deciding a custody case, namely, what is in the best interests of the child. You may wish to visit the Family Law Center: Child Custody and read How to Get Custody as a good resource to learn more about this subject matter.

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