Legal Custody

[kwhaley]

What is the name of your state? NC

My husbands cousin had a baby in prison. The baby is now in foster care, but we're in the process of doing the home study w/ the mothers approval to take the baby. She wants the baby when she get out. She told my husband last night that when we go to court at the end of the month that she wants to sign over the baby to us for temporary legal custody, which means DSS would no longer be involved in the case, so we're told. My question though, is if when she gets out, will she just be able to walk up to our door step and take the baby back, or will social services come back in the case and make sure that she is a suitable mother, before we have to give him back. She has a history of drugs (using and selling, prostitution, stealing, etc). I don't want to give him back unless I know that he'll be taken care of and that she has changed, and won't put him in harms way.

Will they give the baby back if she's on probation? It's doubtful that she'll be able to take care of the baby responsibly, so we have a good chance of adopting him later, which we would do in a heart beat.

 

[rmet4nzkx]

You seem to detect some manipulation on the part of the mother and suspect that you are being used at the expense of the child. You are concerned for the child's best welfare first and formost even though you would like to raise the child, you are worried about future interactions with the mother, being a relative makes it difficult in some practical ways.

Since they are doing a home study, I suggest you convey exactly the same information and concerns to them. I'm sure dealing with similar situations they are used to every tactic in the book and can advise you. The mother will not be the first nor the last. It is in the best interest of the child, no matter the outcome of the tempoary custody or home study to work with the system and what protection there is there. Her intentional actions, depending on the situation may have some bearing on what is decided about custody and or parental rights. At this point a judge is making the decisions and would have to rule on her conveyance in any case.

If you are afraid that she will take the baby or has threatened to take the child, it matters not what the custody situation is, so it is important to realize that no matter what type of custody there is she may willfully disobey the court. Call them today and discuss the matter. Keep us updated.

 

[rmet4nzkx]

"Is it True?"

What is the name of your state? NC

My husbands cousin had a baby in prison. The doctor told her that it was law that he had to fix her so that she couldn't have any more children. Is this true?

I am going to add this to your other post about this same mother in prison, they should be together.

You must consider the motives and credibility of the mother in this situation. The state had a program of steralization in the past, that may be what is being referred to, however that doesn't mean that she might not be encouraged to depending on the situation or that it might be a condition of her release. http://statelibrary.dcr.state.nc.us/iss/Eugenics/EugenicsHistoryandLegislation.htm

As I said earlier, please contact the agency doing the home study and inform them what is happening. You must seriously consider what is in the best interest of the child and if you are able to do that better or safer than the foster care placement. In other words, if placement of the child in your home is good but the child is at risk of being abducted and taken back to a dangerous environment it is better to make the choice sooner than later so the best interest of the child is always considered first.

I also went back and looked at your other posts about your home situation since they are doing a home study some of your difficulties regarding the trailer you were renting and troubles with the landlord may come up, including why you didn't get receipts and other potential concerns, so I hope you are in a stable housing arrangement, paying your rent and getting receipts

 

[kwhaley]

Thanks for your help. It's much appreciated.

I called Guardian Ad Litem and talked to a lady that worked w/ us on another case (we also have legal custody of another little boy). She's looking into the situation, but she said that the court will decide the placement of the baby and the mother can't do whatever she wants to do. So that is a relief. I feel much better. It has occured to me that she may take the baby and run, that's why I was concerned about DSS not being involved. I'm also concerned about visitations w/ the baby once she gets out. I'm going to request supervised visits. The GAL assured me that the mother will have to prove hersef w/ the court, steady job, no illegal activities, etc. I feel much better about the situation.

Thanks for adding the other post here. I wasn't quite sure where to put it. As for our landlord issues, they're gone now. Everything looks a lot better.

 

[rmet4nzkx]

Thanks for your help. It's much appreciated.

I called Guardian Ad Litem and talked to a lady that worked w/ us on another case (we also have legal custody of another little boy). She's looking into the situation, but she said that the court will decide the placement of the baby and the mother can't do whatever she wants to do. So that is a relief. I feel much better. It has occured to me that she may take the baby and run, that's why I was concerned about DSS not being involved. I'm also concerned about visitations w/ the baby once she gets out. I'm going to request supervised visits. The GAL assured me that the mother will have to prove hersef w/ the court, steady job, no illegal activities, etc. I feel much better about the situation.

Thanks for adding the other post here. I wasn't quite sure where to put it. As for our landlord issues, they're gone now. Everything looks a lot better.

I am glad that there is a GAL involved and talking to them is the correct thing to do, I wasn't sure if one had been appointed but is a good thing because that takes a lot of pressure off you. They and the courts/DSS kneed to know in any event and your concern is appropriate. It sounds like the mother is working all the angles and trying to gain sympathy and premptive excuses, not a good prognosis. I'm glad the housing issues are resolved, be sure to get receipts in the future! Since you have moved, does the mom know where you are? Something to consider once she get's out, even if there is supervised visitation.