I have a friend who is trying to move to my area from 2 hours away. She is going through a lot right now with her mom, ex husband, and stuff like that and she thought it would be best for herself if she checked into a mental hospital for help. She left her 19 month old son with me. I love him to death and have been taking excellent care of him, but my friends mom has found out about the situation and wants to come get him. I told my friend this and she does not want her son to go with his grandmother. Can she legally take the child away from me, even though his mother wants him to be left with me? And also my friends car is at my house, but it is technically in her mothers name. Can her mother report the car stolen and get me into trouble?
2007-10-24 17:43:41 · 7 answers · asked by rosanna_03 2 in Family & Relationships ➔ Friends
Dad is not in the picture. Drug dealer. And the state is Alabama
2007-10-24 18:14:13 · update #1
ok as far as I know your friends mother can't take the little guy~! It's not like your friend has just given him to you..she has pretty much asked you to baby-sit if you think about it~! HAve your friend if she can write a letter saying that you can watch her son and if anything should happen to him you can take him to the docter or what ever the case may be~! and as for the car, no she can't report it as stolen and get you into trouble~ Just tell that friends mom if she wants the car to come and get it so that way if she dirty enough to call the cops you can be honest when you tell them you told her to come and get it~! OR if that friend talks to her mom have her tell her and have her do it in front of one of the nurses so they can also speak on both of your behalfs!~ Good luck and I hope you friend gets better doon and if we had more people like you in the world to help friends out when they are in a jam we would all live life much better~!
2007-10-24 17:54:18 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Depending on where you live say in Texas and most states you can't get in trouble for the car being at your home but the mom can come and get it at anytime and there is nothing you can do about it. The Sheriff or Police will make sure she gets it back immediately. Also the baby that is with you can be taken away through a court order and if your state does not require it to go to court they may just send over and officer or child protective services to come and pick up the baby. Especially since the friend checked herself into a MENTAL HEALTH FACILITY. She doesn't really have any rights as to the welfare of the child while she is in the facility. The state does not do this to be mean but the baby must be taken care of especially by family because it must have a very structured family life and normal and stable. They always give the baby to the dad, grandmother, grandfather, aunts, uncles before anyone else. They will never give her to you unless there are some very outlandish circumstances. It is very nice of you to take care of the baby for your friend though it is to be commended. You are a great person it seems. GOOD LUCK !!! I would get an attorney but there is really not much they can do for you but guide you. The baby belongs with the family even if your friend doesn't like it. Why hasn't the father stepped up to the plate and taken the baby with him ???
2007-10-24 18:06:58 · answer #2 · answered by Joe A 3 · 0⤊ 0⤋
Each state has it's own laws about custody. Contact a lawyer to see where you stand. It sounds like the mom had legal custody of the child, but leaving him with you doesn't give you legal rights. You can't transfer custodial rights unless you do it legally.
As for the car, yes the mom can report it stolen but it won't get you into trouble as long as you didn't steal it and you're not using it. The car is at your place, but was brought there by your friend, who is the owner of the car, although not the legal owner, as on the ownership papers. Your friend should have the ownership transferred to her name.
I would say that your friend has to contact a lawyer to see if she can legally have the child stay with you. She should have done it before checking herself into an institution. Her mom might try to fight it and claim that she's incompetant now. I wish you and the little guy the best of luck. It truly sounds like you have the his best interest in heart.
2007-10-24 18:03:54 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You can't get into any trouble, unless you drive the car, or wreck it. Far as the baby, yes, the grandmother can legally come remove the child and the car, and there is nothing you can do about it. If you try, then you may go to jail for interfering with a family issue. You are not kin, and it is really none of your business. Sorry, but that is the way the law looks at it.
2007-10-24 17:53:19 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Seek the advice of an attorney.. Even though the child was left in your care, there is nothing mentioned about you haveing any written and notorized documentation showing the mothers wishes. If the child were to fall ill, or need medical attention, you would not be able to prove that you have any type of legal rights, and the child services will come and get the child.
As for the car, if the vehicle is in her mothers name, she has the legal right to claim it.. This is not legal advice, but you need to seek an attorney immediatly.
2007-10-24 17:50:59 · answer #5 · answered by elder_moon81 4 · 0⤊ 0⤋
My advice is to call child services and let them deal with it. The mother has no legal right to take the child but if the state deams the mother unfit they will take him. Your best bet is to call child services and hope that they will allow you to be a foster mother until his real mother is able to care for him properly. As for the car, if it is in the mothers name it is hers no matter who pays for it. So call her and tell her the car is there. That will release you from any liability. If it is reported stolen and the police come to your house they probably wont arrest you but they can definitly cause some hassele.
THIS ANSWER IS IN NO WAY LEGAL ADVICE AND THE PERSON WHO ANSWERED IT IS NOT A QUALIFIED LAWYER OR OTHERWISE. I CANNOT BE HELD RESPONSIBLE FOR ANY NEGATIVE EFFECTS OF FOLLOWING THE PRECEDING ADVICE.
2007-10-24 17:54:41 · answer #6 · answered by natestahl 1 · 0⤊ 0⤋
mom can come get the car at any time, because it is hers
mitigating circumstance - she gave the car to her daughter
and daughter left it there - no crime that it's at your house -
BUT - you cannot prevent Mom from taking it
The child is not as easy - with child's mom checking into a mental facility - another family member may go to court
and ask custody - in your state - it may not have to go to court
so it's time to check with YOUR state's Division of Family Services - or the family division of your county/parish clerk of
the courts office
you may not have a leg to stand on - may need an attorney
all the best
2007-10-24 17:51:03 · answer #7 · answered by tom4bucs 7 · 0⤊ 0⤋