My niece ran to Mexico the day after going w/ us to file temporary custody papers...

[Madhattergirlie]

Her child was 2 months old and has been in our care for almost a month and a half now. We also have power of attorney. She sent my husband a text a week ago stating that she probably wasn't coming back to the states. Chances are rare that she will bother coming to court. My question is, what will happen a court when she doesn't show, and how likely is the judge to grant us temporary custody without my neice present? We live in Tennessee...

 

[Proserpina]

The bigger problem is even if the US courts grant you custody, how are you going to retrieve the child, as a practical matter?

Where is the child's father, too?

 

[Madhattergirlie]

The child is in our physical custody...it's just her momma that left. As for the father, my niece says she's not sure :/ there are at least two possibilities that I know of and neither were willing to sign the birth certificare.

 

[Proserpina]

The child is in our physical custody...it's just her momma that left. As for the father, my niece says she's not sure :/ there are at least two possibilities that I know of and neither were willing to sign the birth certificare.

Oh!

Sorry, I misunderstood.

Well, if you can provide evidence that Mom isn't going to return, your chances increase greatly. Otherwise there's at least a fair chance that Mom will be given another chance to turn up in court.

Both/all potential fathers will likely have to be at least notified though.

 

[Madhattergirlie]

Oh!

Sorry, I misunderstood.

Well, if you can provide evidence that Mom isn't going to return, your chances increase greatly. Otherwise there's at least a fair chance that Mom will be given another chance to turn up in court.

Both/all potential fathers will likely have to be at least notified though.

It's okay, I should have made the situation more clear lol the only evidence we have that she'a not planning on coming back is the text she sent my husband, stating that she's "probably not comin back"...she's on probation AND out on bond so I should have known something was up when she asked us how to give us custody of Lily. I just never thought she'd run like that (her current boyfriend got deported and she followed him), knowing how much trouble she would get into. Sadly, I don't think she ever had any intention of coming back once she left. As for potential fathers, one is in Texas somewhere and the other may or may not still be in TN...I only know the first name of one, the other, I have no clue.

 

[Proseguru]

Why raise your niece's kid? I would ask the court for the county to take the child.

 

[Proserpina]

Why raise your niece's kid? I would ask the court for the county to take the child.

I see what you're doing here.

 

[mistoffolees]

The child is in our physical custody...it's just her momma that left. As for the father, my niece says she's not sure :/ there are at least two possibilities that I know of and neither were willing to sign the birth certificare.

Seriously, I would talk with an attorney - at least an initial consultation. The legal issues are fairly straightforward. The potential dads will need to be notified. They will have the right to seek custody and their rights are greater than yours.

I think your bigger issue is a strategic one. TN does not have any statute which allows for a de facto parent to gain custody or even visitation. There is some case law and they have been considering such a law. In addition, niece has only been gone for a short while. Your chances of terminating parental rights on grounds of abandonment would increase as more time elapses (although you still have to deal with the fact that the father might want to raise his child).

Your best bet is if Mom and Dad want to let you adopt. If that happens, it could be fairly straightforward. Any other scenario is likely to be a mess.

 

[LdiJ]

Seriously, I would talk with an attorney - at least an initial consultation. The legal issues are fairly straightforward. The potential dads will need to be notified. They will have the right to seek custody and their rights are greater than yours.

I think your bigger issue is a strategic one. TN does not have any statute which allows for a de facto parent to gain custody or even visitation. There is some case law and they have been considering such a law. In addition, niece has only been gone for a short while. Your chances of terminating parental rights on grounds of abandonment would increase as more time elapses (although you still have to deal with the fact that the father might want to raise his child).

Your best bet is if Mom and Dad want to let you adopt. If that happens, it could be fairly straightforward. Any other scenario is likely to be a mess.

I disagree with you with the particular facts in this thread.

1) They know only the first name of one potential father, and don't know the name of the other at all. There is no way that they are going to be able to serve the potential fathers...unless its by John Doe style publication.

2) The niece apparently went with them to file the paperwork therefore she presumably signed off on it. Therefore there is a reasonable chance that a judge would award temporary custody to them (they are family) rather than have the child in limbo or in foster care. I have certainly seen many family members gain temporary custody of a child is similar circumstances.

 

[mistoffolees]

I disagree with you with the particular facts in this thread.

1) They know only the first name of one potential father, and don't know the name of the other at all. There is no way that they are going to be able to serve the potential fathers...unless its by John Doe style publication.

I didn't say it would be easy. They will, however, be required to make a good faith effort to locate and serve the potential father. That might mean asking Mom who Dad is. It might mean a John Doe publication. It might mean lots of things, but they're going to have to do it.

2) The niece apparently went with them to file the paperwork therefore she presumably signed off on it. Therefore there is a reasonable chance that a judge would award temporary custody to them (they are family) rather than have the child in limbo or in foster care. I have certainly seen many family members gain temporary custody of a child is similar circumstances.

They certainly might get temporary custody, but they will probably have to serve Mom and the potential fathers in order for that to happen. It really is not likely to be a DIY project.

 

[Madhattergirlie]

I've sent a text to the last number my niece sent us a text from (after trying to call and getting no answer) asking her to send us her address in Mexico. I don't expect a reply since my other texts and calls have gone unanswered. Thank you all so much for your replies.

 

[Just Blue]

I see what you're doing here.

Is there something else, other than being a nasty jerk to OP, that you think Proseguru was doing?

 

[Madhattergirlie]

I have another quick question that I forgot to address earlier...we have power of attorney over Lily, and my niece added to it that her daughter is to reside with my husband and I, and we both initialed it and had it notorized. My question is, would that be enough to keep another family member from coming to get her? Does the poa give us permission to say where the baby stays since her mom isn't here to give permission?

 

[mistoffolees]

I have another quick question that I forgot to address earlier...we have power of attorney over Lily, and my niece added to it that her daughter is to reside with my husband and I, and we both initialed it and had it notorized. My question is, would that be enough to keep another family member from coming to get her? Does the poa give us permission to say where the baby stays since her mom isn't here to give permission?

You really need to see an attorney.

It would depend on exactly what the POA says.

In general, though, no one else has the right to come take the child from you if Mom left the child with you.

 

[Madhattergirlie]

Thank you all so much for your help...we had court yesterday and were awarded temporary custody of Lily the judge signed the order and said that we're going to have a home visit from someone at DCS, and if the visit goes well, he'll make it more permanent.