guardianship

[abreske81]

What is the name of your state (only U.S. law)? Indiana
My wife and I were come to by a friend in californina. She is wanting to give us her unborn child. What steps do we need to go through to obtain guardianship?

 

[Proserpina]

What is the name of your state (only U.S. law)? Indiana
My wife and I were come to by a friend in californina. She is wanting to give us her unborn child. What steps do we need to go through to obtain guardianship?

Where is the potential father?

 

[HomeGuru]

What is the name of your state (only U.S. law)? Indiana
My wife and I were come to by a friend in californina. She is wanting to give us her unborn child. What steps do we need to go through to obtain guardianship?

**A: she can only give you her child when it is born. Why guardianship rather than adoption? Is this friend willing to terminate her rights? What about the father's rights?
You need to be talking to a family law attorney. I hope she is not giving birth this Tuesday.

 

[abreske81]

father and adoption

The father is unknown. There are multiple possible fathers. She wants us to adopt but because it cost more my wife and I are talking if guardianship first and then next year do the adoption.

 

[abreske81]

rights

she is willing to give up her rights to let us adopt.

 

[Proserpina]

The father is unknown. There are multiple possible fathers. She wants us to adopt but because it cost more my wife and I are talking if guardianship first and then next year do the adoption.

Each and every possible father will have to be served.

She didn't conceive this child alone.

 

[abreske81]

father

so she has to keep child til all possible fathers r tested.

 

[Just Blue]

What is the name of your state (only U.S. law)? Indiana
My wife and I were come to by a friend in californina. She is wanting to give us her unborn child. What steps do we need to go through to obtain guardianship?

...sigh...

Do you, your wife and this "mother" realize that a baby is not a puppy that can be "given" away? There are LEGAL step that MUST be taken before a child can be PLACED for adoption. An Attorney is the FIRST STEP.

And really? Based on your wording of every post you made? Mom should look into another placement. There has to be a brighter bulb to raise this child.

 

[HomeGuru]

Two brighter bulbs are better.

 

[abreske81]

rights

wow do you think we are so callous to nit have considered all ramifications to all parties involved. we have three children now and just want to give this child a loving stable home. The birth mother is in no position to care for and raise a child and as for the two possible fathers one disappeared and refuses any contact and one is also in position to be a father. this has not been a spur of the moment decision. We thought long and hard.

 

[Ohiogal]

wow do you think we are so callous to nit have considered all ramifications to all parties involved. we have three children now and just want to give this child a loving stable home. The birth mother is in no position to care for and raise a child and as for the two possible fathers one disappeared and refuses any contact and one is also in position to be a father. this has not been a spur of the moment decision. We thought long and hard.

Until the child is born there is no child and no father. The father might change his mind or be in a position to be a father. And what you consider position to be a father is not what the law requires. If dad wants to step up, YOU will not be adopting. If dad wants his child, he will have his child even if that means one of his relatives will raise the child. YOU will NOT be able to adopt without dad's permission.

 

[single317dad]

What is the name of your state (only U.S. law)? Indiana
My wife and I were come to by a friend in californina. She is wanting to give us her unborn child. What steps do we need to go through to obtain guardianship?

An issue you will encounter during the guardianship process is that the judge must find the natural parents incapable of caring for the child, even if you have the mother's consent to the guardianship. This leaves a huge door open, in that when/if the father is located, now that Mom has been adjudged incapable of raising her child, Dad can now step in as the only fit parent of the child. That's direct from the mouth of the Indiana judge that presided over my guardianship case in 2009.

 

[ecmst12]

If you can't afford the lawyer to do a proper adoption, then you can't afford to raise another child either.

 

[Proserpina]

An issue you will encounter during the guardianship process is that the judge must find the natural parents incapable of caring for the child, even if you have the mother's consent to the guardianship. This leaves a huge door open, in that when/if the father is located, now that Mom has been adjudged incapable of raising her child, Dad can now step in as the only fit parent of the child. That's direct from the mouth of the Indiana judge that presided over my guardianship case in 2009.

You're talking about involuntary, yes?

You're not saying that a couple must be deemed unfit before they can voluntarily give guardianship?

 

[single317dad]

You're talking about involuntary, yes?

You're not saying that a couple must be deemed unfit before they can voluntarily give guardianship?

That is what the judge (senior judge in the county) said in open court during a proceeding in which I was pursuing guardianship. Child's mother was present and had provided notarized consent. Child's father was imprisoned with at least 4 years remaining, and had not provided consent but was not contesting the matter. The word "unfit" was not used, but that was definitely the idea. To paraphrase as closely as my memory will allow:

"You do understand that in order to grant this guardianship, I must rule that you yourself are incapable of raising your child."

Mom balked at that criteria, and though she was ready to hand her child over to me so she could go carry on with her carefree party life, she wouldn't stand for anyone judging her mothering skills. She wouldn't go so far as to revoke her consent, but waffled on the issue enough that the judge gave us a 90-day continuance to think about it. I had the case dismissed when Mom left the child with his paternal grandmother and disappeared to parts unknown.