Emergency Temporary Custody

[LEXISPC]

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

I have an 18 month old daughter who lives with her mother and maternal grandmother. Six days ago, the mother was was arrested for a violent crime and is currently in jail. I have my daughter with me right now but there are NO custody arrangements. We were never married. I am worried that the grandmother will try and take her and I can't stop her. I need to know how to file for emergency, temporary custory. I will have to do this all myself as I have no money for a lawyer. I am desperate for some answeres.

 

[Just Blue]

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

I have an 18 month old daughter who lives with her mother and maternal grandmother. Six days ago, the mother was was arrested for a violent crime and is currently in jail. I have my daughter with me right now but there are NO custody arrangements. We were never married. I am worried that the grandmother will try and take her and I can't stop her. I need to know how to file for emergency, temporary custory. I will have to do this all myself as I have no money for a lawyer. I am desperate for some answeres.

Are you the father of record? Are there ANY court order at all? If not you need to establish paternity and file for emergency custody. If you go to your county's family court, (or the child's residential county if different than your own), you will find the appropriate paper-work and can ask if there is a "Lawyer of the Day" that can assist you.

 

[LEXISPC]

Yes, I am her father. I am on her birth certificate. We are supposed to go to court in December to establish paternity and shild support.

 

[LEXISPC]

Can the grandmother just come and get her from me? That's my biggest worry right now. I dont want her to take her before I can get anything done legaly.

 

[Just Blue]

Yes, I am her father. I am on her birth certificate. We are supposed to go to court in December to establish paternity and shild support.

Why is the mother in jail? What is she alleged to have done? Is she gonna get bailed out in time to appear in court?

G-ma can't come and take the child. Make sure that the day-care or babysitter know to release this child to ONLY you or someone you approve and to get appropriate i.d. .

 

[LEXISPC]

Armed Robbery and she's linked to a few others. Her bond is set at $200,000.00 and none of her family will bail her out. She has another court date on wednesday.

 

[Ronin]

Given you are not yet the "legal" father, and until you do have temporary custody orders in hand, the grandmother will be able to pick the child up at the mothers request, since for the time being the mother is the only legal parent with the right to make decisions on behalf of the child.

Unless you can prove that giving the child to a grandmother she already lives with would endanger the child, it is best to avoid any confrontations that could possibly backfire.

 

[LEXISPC]

Now Im confused. Blue said she couldnt....??

 

[Just Blue]

Now Im confused. Blue said she couldnt....??

She can't. But file as soon as possible.

 

[LdiJ]

Given you are not yet the "legal" father, and until you do have temporary custody orders in hand, the grandmother will be able to pick the child up at the mothers request, since for the time being the mother is the only legal parent with the right to make decisions on behalf of the child.

Unless you can prove that giving the child to a grandmother she already lives with would endanger the child, it is best to avoid any confrontations that could possibly backfire.

I completely disagree.

In Indiana signing the AOP makes him the legal father. Its true that in Indiana an unwed mother has sole legal and physical custody until a judge orders otherwise, but dad would be completely within his rights (and grandma could do nothing about it) to keep the child and rush to court for emergency custody orders based on the fact that mom is in jail on a 200k bond.

If mom is in jail for armed robbery and bail is 200k and no one plans to put it up for her, she is going to be in jail for quite some time, even if she doesn't get convicted.

Dad needs to keep the child and file for emergency custody immediately...even today if at all possible, but absolutely by tommorrow.

 

[Ronin]

I agree that if an emergency order is applied for and granted within the next day or two, any arguments about AOP is moot. OP stated a court hearing is still pending to establish paternity, which suggests that an AOP is not in and of itself an end all to establish a fathers custodial rights.

As of today, the fathers legal rights to the custody of his child are not absolute. It is also not a given he will be awarded custody, as there could be any number of reasons he may not be deemed fit. However, as ex parte hearings go, it is most likely he will be given at least temporary custody.

Having an ex in jail for armed robbery does not give one the warm fuzzies about the fathers character and living arrangements, especially in the context of an 18 month old child, and the fact the child just might already be in a home environment that is arguably in her best interests.

So there are simply not enough facts here to unequivocally state either way what will happen.

 

[Zigner]

Having an ex in jail for armed robbery does not give one the warm fuzzies about the fathers character and living arrangements, especially in the context of an 18 month old child...

How does that have any bearing on it?

 

[Just Blue]

I agree that if an emergency order is applied for and granted within the next day or two, any arguments about AOP is moot. OP stated a court hearing is still pending to establish paternity, which suggests that an AOP is not in and of itself an end all to establish a fathers custodial rights.

As of today, the fathers legal rights to the custody of his child are not absolute. It is also not a given he will be awarded custody, as there could be any number of reasons he may not be deemed fit. However, as ex parte hearings go, it is most likely he will be given at least temporary custody.

Having an ex in jail for armed robbery does not give one the warm fuzzies about the fathers character and living arrangements, especially in the context of an 18 month old child, and the fact the child just might already be in a home environment that is arguably in her best interests.

So there are simply not enough facts here to unequivocally state either way what will happen.

Fact: There are two parents.
Fact: Mom is in jail and will likely stay there for quite a while.
Fact: Dad is the father listed on BC.
Fact: Even IF Mom wasn't in jail with a 200K bail over her head, She wouldn't be legally able to assign guardianship without Dad being served.

 

[Just Blue]

How does that have any bearing on it?

Duh! Because Dad obviously is a criminal because she is!!

 

[Zigner]

Duh! Because Dad obviously is a criminal because she is!!

Yes - it's so obvious...I can't believe I missed it.