the mother signed her legal rights away to DHR my boyfriend and I have had custody of the baby since she was three months old, she's now seven months old. She has been removed from my home because her daddy went to jail. Can he get legal custody of her while he's in jail and give me physical custody, or is it possible for me to adopt her?
2006-10-18 03:57:53 · 9 answers · asked by DeAnna B 1 in Family & Relationships ➔ Other - Family & Relationships
yes ....... as long as the father in not jailed because of a crime to a child
2006-10-18 04:00:26 · answer #1 · answered by dogfaceboy626 3 · 0⤊ 0⤋
I believe a jailed individual has given up all rights. Basically he is being punished for a crime. No court is going to give a jailed man custody of a child....
I don't know what crime your boyfriend committed but it is probably the reason the child was removed from the home..
So the courts would view you as an unfit person to care for a child if you were living with someone who was breaking the law with your full knowledge.
I'm so sorry for that child and hope that she finds a good home with two parents and a loving nurturing environment.....
2006-10-18 04:09:17 · answer #2 · answered by easinclair 4 · 0⤊ 0⤋
He cannot get legal custody of a child while in jail, and if you would want legal custody or adoption of the baby then whoever has custody now will have to sign it over to you. If she was removed from your home and placed in foster care you should be able to adopt her though if you meet all the requirements. Just try to check it out and good luck.
2006-10-18 04:02:40 · answer #3 · answered by eternal_desire131 1 · 0⤊ 0⤋
I would think that if the mother signed her rights away and you were married to him then you could legally adopt her. But the thing is, she is now probably with the closest relative that she has. Like grandparents and if they want her and file for custody then they will probably get her. I would have my boyfriend talk about it with a lawyer and figure it all out that way. If you can marry him and adopt her then take the steps if that is what you want. You can marry him while he is incarcerated.
2006-10-18 04:02:18 · answer #4 · answered by Jamie M 3 · 0⤊ 0⤋
I don't know all the legal aspects but I would think that if you guys got married than she could live with you while he is in jail. Try calling an attorney for a free consultation. Good luck!
2006-10-18 04:00:02 · answer #5 · answered by Nunya 5 · 0⤊ 0⤋
No Not While Hes In Jail.
2006-10-18 04:01:30 · answer #6 · answered by mks 7-15-02 6 · 0⤊ 0⤋
Thats a tuff one. I would consult an attorney on this one. It may also depend on what he went to jail for?
2006-10-18 04:00:56 · answer #7 · answered by babygirl_k2001 4 · 0⤊ 0⤋
Child protection laws differ state to state.....call your local Child Protective Services Office, or local courthouse Prosecutor and ask them..
2006-10-18 04:16:38 · answer #8 · answered by Michael S 3 · 0⤊ 0⤋
You will have to find out the states laws.
2006-10-18 04:00:29 · answer #9 · answered by day dreamin baby 5 · 0⤊ 0⤋