father deceiced mother arrested minor child placement opptions

[JoJOANNLEE]

I live in pennsylvania but the issues pertain to martland laws as well.I am an
an aunt to a minor child that has been invlolved in juvenile crime himself.The child has been living with a non relitive for a very long time with limmited
contact by a drug addicted mother.This contact wes just enough to cover
issues needing a parrents permission or siggniture by law.The childs fother had passed away and the mother has just been arrested on serious drug
charges and is facing manditory long term sentence.The child refuses to
go remain at the non parent home and went to live with a previous boy
friend of the mother.The mother aggres with this decesion.Maryland is
concedreing removing the child from the previous boy friends home due
to some information reported to officials about the type of care the
child may receive and the childs well being if the child were to be able
to remain in that enviroment.The courts are concidering placing the
child in foster care over the child remaining where the child is currently.
My questions are........
does the mother have any leagle authority over the child while in costudy?
Can the incarcerated parents decions over ride the courts or a relitives?
If the court decides to remove the child from the home and takes away
the mothers custody,Then what opptions would a relitive have over the
concidered foster homes?
Thank You For All Your Help.

 

[stuckinlamad]

From an Aunt with Custody of niece through VA courts

Ok I definitly understand going through the courts to get custody. Though my situation is a bit different. My sister lost custody of her kids Dec 01. At that time my niece was not yet 2 (Feb 5, 00). I was called that day however because i lived in maine I couldn't get to VA for a few hours. Before I left to go to VA I was called and told that they had placed custody of my niece with her stepfathers parents (not biologically related). So due to the holidays I was unable to file paperwork until January. ANYONE can file for custody based on the best interests of the child. Biological relatives do get a preference.

I had to fight for 7 months to get custody of my niece they threw a lot of paperwork at me including a DNA test because even though they knew that my niece was not thier biological granchild they did not want to lose custody. So of course it took several months (a busy court system) to get custody. You may have to do something called a "HOME STUDY" which is completely invasive and mostly unnessasary. The courts may or may not require that. I got custody in July 02 and have now had custody for 3 years. My niece is now 5. I am now 26 my husband is 30 and we have been married for 4 years with no other kids.I just wanted to explain mysituation so you could understand where my advice is coming from.

The mother has lost her parental custody rights as she is not the custodial parent. The child is in the care of a "guardian" but this is not court ordered so you can file for gaurdianship of your nephew? based on his best interest. Secondly you did not mention how old this child is? You did mention that he has some juvi problems with the courts and I can understand your desire to get him into a situation that hopefully will help him straighten his life out. It is very commendable of you. I understand how difficult it is and that it is a sacrifice you are making not for the child mother but for the child.

Does your mother of the child (your relationship to mom?) oh sorry forgot to answer your question as far as the mothers rights once you have custodial gaurdianship of the child you will have all legal rights to act in the childs benifit with the authority of a parent. That is why school forms say parent or gaurdian. Now the mother can say that she wants you to have custody or not and if she says yes then they will take that into consideration. If she says no then don't worry too much she doesn't have many parental rights at this point and the court can throw out what she says. IF and that is a huge if the courts determine that you are incapable of careing for the child then you will not get custody but if you can then the do give preference to a biological relative over a stranger. It shouldn't take you as long to get custody as it took me but it won't be overnight. If you have any questions then please post a reply and I will try to answer it asap. OH and just so you know even though you live outside the state as the child in question you have to file in MD and tell the courts where you live. The court cases will be held in MD but you can still take custody through their courts and take the child to penn. I know this because at the time i got custody I lived in Maine all cases were held in VA and once i got custody i took child with me to maine. I hope this helps.

 

[Shay-Pari'e]

Ok I definitly understand going through the courts to get custody. Though my situation is a bit different. My sister lost custody of her kids Dec 01. At that time my niece was not yet 2 (Feb 5, 00). I was called that day however because i lived in maine I couldn't get to VA for a few hours. Before I left to go to VA I was called and told that they had placed custody of my niece with her stepfathers parents (not biologically related). So due to the holidays I was unable to file paperwork until January. ANYONE can file for custody based on the best interests of the child. Biological relatives do get a preference.

I had to fight for 7 months to get custody of my niece they threw a lot of paperwork at me including a DNA test because even though they knew that my niece was not thier biological granchild they did not want to lose custody. So of course it took several months (a busy court system) to get custody. You may have to do something called a "HOME STUDY" which is completely invasive and mostly unnessasary. The courts may or may not require that. I got custody in July 02 and have now had custody for 3 years. My niece is now 5. I am now 26 my husband is 30 and we have been married for 4 years with no other kids.I just wanted to explain mysituation so you could understand where my advice is coming from.

The mother has lost her parental custody rights as she is not the custodial parent. The child is in the care of a "guardian" but this is not court ordered so you can file for gaurdianship of your nephew? based on his best interest. Secondly you did not mention how old this child is? You did mention that he has some juvi problems with the courts and I can understand your desire to get him into a situation that hopefully will help him straighten his life out. It is very commendable of you. I understand how difficult it is and that it is a sacrifice you are making not for the child mother but for the child.

Does your mother of the child (your relationship to mom?) oh sorry forgot to answer your question as far as the mothers rights once you have custodial gaurdianship of the child you will have all legal rights to act in the childs benifit with the authority of a parent. That is why school forms say parent or gaurdian. Now the mother can say that she wants you to have custody or not and if she says yes then they will take that into consideration. If she says no then don't worry too much she doesn't have many parental rights at this point and the court can throw out what she says. IF and that is a huge if the courts determine that you are incapable of careing for the child then you will not get custody but if you can then the do give preference to a biological relative over a stranger. It shouldn't take you as long to get custody as it took me but it won't be overnight. If you have any questions then please post a reply and I will try to answer it asap. OH and just so you know even though you live outside the state as the child in question you have to file in MD and tell the courts where you live. The court cases will be held in MD but you can still take custody through their courts and take the child to penn. I know this because at the time i got custody I lived in Maine all cases were held in VA and once i got custody i took child with me to maine. I hope this helps.

UMM, The mother still has rights. I saw nothing in this post representing that she doesn't.

No court issued custody, so you need to back off with your non legal advice.

 

[snostar]

Court orders prevail. Anyone can file for custody, and a stable interested relative is usually preferred over a foster home. A court may consider the wishes of an incarcerated parent in regards to placement, but it would not be the only factor considered.

oh yeah, Hi Paridise!

 

[Shay-Pari'e]

Hey back hun.