My aunt passed away a month ago. She had custody of her daughter's son. Her daughter is 17 and the child is 2. When she passed, she had sole custody of her daughter and her grandson. The 17 year old's father is alive but is legally mentally incapacitated and his mother is legally responsible for him. The 17 year old lives with her older sisters in their mother's house. The 2 year old currently lives with me because she wants to sign custody over to me because she cannot take care of him. I am their first cousin, my mom and their mom were sisters. What are the legal options we have to have custody signed over to me? Everyone is in agreement on me having custody, we just aren't sure the correct route to do it. I have an appt tomorrow with legal aid but I just wanted to do some preliminary research.
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Custody of a minor's child?
- Thread starter CassiAnn
- Start date
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Zigner
Senior Member, Non-Attorney
What US state?
Generally, If everyone agrees, then this should be fairly straight-forward. The attorney will be able to give you more information specific to your matter.
Louisiana.
Ohiogal
Queen Bee
Where is the baby's father?
The mother does not know who he is. There is no father listed on the birth certificate.
Zigner
Senior Member, Non-Attorney
Are you saying she has no idea who it might be because there are several possibilities?
stealth2
Under the Radar Member
This might be a silly idea, and I don't know the details in this situation, but wouldn't it be best for mother/child if she cares for her son where she's living? Given grandma had custody of both, Mom cared for him, no? Why does that need to change? Or did Mom not take care of him?
PayrollHRGuy
Senior Member
A 17-year-old with so many partners that she doesn't have a clue to the father of the child. I'm thinking the state would likely do a better job raising the child.
Just Blue
Senior Member
She may know who the father is but is afraid to name him for some reason.
Ohiogal
Queen Bee
That doesn't mean she can commit perjury.
Ohiogal
Queen Bee
Doesn't matter. ANY putative father needs served. And you can check a putative father registry to determine who it might be if the state has one. Furthermore service needs to happen properly. Either mom name ANY possible father or she stay silent. How does she not know with whom she had sex?
not2cleverRed
Obvious Observer
It doesn't need to be many... It could be she just didn't catch his name.
LdiJ
Senior Member
Unfortunately that is NOT a particularly unusual situation.
not2cleverRed
Obvious Observer
Maybe. Louisiana consent laws are a little bit weird.
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