Aunt trying to help

[illinoismama]

What is the name of your state (only U.S. law)? Illionis

My brother has a child due in a few weeks. The woman carrying the child has been declared unfit by the state and will have the child taken from her immediately upon it's birth.

First, since she and my brother are not married, his paternity must be proven once the child is born before he could hope for any rights to the child. So, my first question is whether there is anything he can do prior to the child's birth as far as his rights to the child.

Second, my brother is currently on parole. He is due to be released from parole a few weeks after the child is born. He has been advised that it is pretty much hopeless for him to file for custody while on parole. So, it is his hope and mine to sign temporary custody to me until he can be released from parole and prove he is worthy of custody.

The mother of the child has several other children who have all gone to her great-grandmother. Is it possible to keep this child from becoming just another foster care paycheck to her great-grandmother?

The possibility that I have any rights as simply the paternal aunt does not seem likely. But, is there anything the father or myself can do to ensure the child goes neither to a random foster home or to the great-grandmother's house upon release from the hospital?

 

[TheGeekess]

Short answer: No.

 

[Isis1]

there is nothing the "dad" can do until AFTER he establishes paternity. which cannot be done until after the birth of the child.

what is dad on parole for?

 

[illinoismama]

he is on parole on drug charges. He has been out and clean for a long time. He has a steady income and a stable environment to raise the child.

Once he proves paternity, though, would he not automatically be granted custody since the mother is out of the picture?

 

[LdiJ]

he is on parole on drug charges. He has been out and clean for a long time. He has a steady income and a stable environment to raise the child.

Once he proves paternity, though, would he not automatically be granted custody since the mother is out of the picture?

I think that your brother needs an attorney. I can see the possibility of things going badly without one.

 

[PQN]

questions

Seniors,

Would it be possible for dad to sign an AOP and take the baby home from the hospital?

 

[illinoismama]

Also, if so how would I get one of these? Who would the document be presented to in order for him to get to take her home from the hospital?

 

[Proserpina]

Seniors,

Would it be possible for dad to sign an AOP and take the baby home from the hospital?

Not if he actually wants to have a shot at custody, no - signing the AOP does NOT automatically confer custodial rights to the unmarried father.

Dad has to go to court.

I whole-heartedly second L's advice - Dad NEEDS an attorney.

 

[Artemis_ofthe_Hunt]

Also, if so how would I get one of these? Who would the document be presented to in order for him to get to take her home from the hospital?

Not possible at the hospital, I don't believe. He would have to wait for the birth, then barring any health issues regarding the child, he would have to file to establish paternity in court. Sorry, this isn't a quick and easy process. Best handled by an attorney. Good luck.

 

[Ohiogal]

Seniors,

Would it be possible for dad to sign an AOP and take the baby home from the hospital?

It would be possible. IF dad knows when the baby was born and IF CSB does not file the moment of the child's birth to remove the child. and IF MOM gives him permission to take the child home with him. However CSB may go to court and get court orders giving them Emergency Temporary Custody of the child.

 

[illinoismama]

He will be at the hospital when the child is born. But, I do not believe that the mother has any say whatsoever what happens with the child because of her history.

Is there any way for him to find out any information about the intentions of the state with the child? Would it be possible for him to file this AOP with the state in order to find out? The mother would also be willing to sign saying that he is the father, I believe.

 

[Ohiogal]

He will be at the hospital when the child is born. But, I do not believe that the mother has any say whatsoever what happens with the child because of her history.

Is there any way for him to find out any information about the intentions of the state with the child? Would it be possible for him to file this AOP with the state in order to find out? The mother would also be willing to sign saying that he is the father, I believe.

The mother has rights until a court says otherwise and terminates her rights. just because she was unfit for one child does NOT mean she is unfit for this child. Mom would HAVE to sign the AOP as well. Without her signature HE will not be able to sign it.

How do you know that the mother will have this child taken from her IMMEDIATELY upon birth? The state cannot do that just because her rights to another child were terminated. Also, her rights to this child COULD NOT have been terminated prior to the birth of the child. She would also have the constitutional right to get custody of her child returned to her.

 

[illinoismama]

The mother has no desire to keep the child.

If she has rights to the child until otherwise decided on by the courts, would it be possible for them to have papers drawn up for him to take custody of the child?

As far as hiring an lawyer goes, he will be doing well to afford raising a new born baby without the added burden of lawyer's fees. I know that it may be necessary if he wants to gain custody of his child. I am just hoping there is another way to make this happen without having to pay for a lawyer.

 

[Isis1]

The mother has no desire to keep the child.

If she has rights to the child until otherwise decided on by the courts, would it be possible for them to have papers drawn up for him to take custody of the child?

As far as hiring an lawyer goes, he will be doing well to afford raising a new born baby without the added burden of lawyer's fees. I know that it may be necessary if he wants to gain custody of his child. I am just hoping there is another way to make this happen without having to pay for a lawyer.

because it is a tad bit messy, it would really benefit him to have an attorney. certain things can be easily done without an attorney, with enough studying and knowledge. this may not be one of them. especially with social services involved.

 

[LdiJ]

because it is a tad bit messy, it would really benefit him to have an attorney. certain things can be easily done without an attorney, with enough studying and knowledge. this may not be one of them. especially with social services involved.

Seriously, with social services involved he really MUST have an attorney.

If mom is in agreement he would sign the AOP at the hospital which would definitely help him, but he truly needs the attorney. Maybe everyone in your family could chip in to help him retain one.