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Home > Law > Family Law   »   sister in prison expecting twins i'm the only sister how do i get them

 
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Old Jun 20, 2009, 03:46 PM
Indianamom
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sister in prison expecting twins i'm the only sister how do i get them

Hi I'm in Indiana. My sister is in prison expecting twins. I am her sister both our parents haved passed. The father denys being with her. So how would I legally go about getting custody of the babies when they are born?

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Originally Posted by jenniepepsi View Post
the easiest way would be to go to her and get her permission. she could sign guardianship over to you.


other than that, i dont know. hope i helped a little. and im sure one of our law experts will be along shortly
So you think just a notorized letter might work?

My sister is 28 years old she has learning disabilities and considered mentally retarded. She does not get a disability check. She also has hepatitis c. She is currently pregnant. Since she can't take care of her self and is mentally at a mind state of a 15 year old. Can I get some kind of legal guardianship over her kids to help care for them? If so what can I do at little to no charge to do that. Thanks you in advance for any suggestions.

my sister is pregnant and has learning disabilities and considered mentally retarded. She has the mentalaty of a 15 year old. Do you think she will care for her twins properly or need help.

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Old Jun 20, 2009, 03:51 PM   #2  
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the easiest way would be to go to her and get her permission. she could sign guardianship over to you.


other than that, i dont know. hope i helped a little. and im sure one of our law experts will be along shortly
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Old Jun 20, 2009, 04:33 PM   #3  
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no i wouldnt think so. it has to go thru the courts. i would get a lawyer if i were you. or at least get a free council from an advocate. (sorry drawing a blank on what they are called lol, the lawyers that give free advice and counceltations)
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Old Jun 20, 2009, 06:12 PM   #4  
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If you live in the USA there are organizations she can get to come to the house and help her.
Respite is one of them
Welcome

They should also be able to refer her to other programs.
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Old Jun 20, 2009, 06:37 PM   #5  
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Well first while 15 year old is a child in many ways, there are 1000's of 15 year old taking care of thier own children,

So maybe, what happens is they take parenting classes and uses resourses available
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Old Jun 20, 2009, 06:40 PM   #6  
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Quote:
Originally Posted by Indianamom View Post
Hi I'm in Indiana. My sister is in prison expecting twins. I am her sister both our parents haved passed. The father denys being with her. So how would I legally go about getting custody of the babies when they are born?
First off they may not allow you to take the children without finding the father first. Or make it very temporary. You really need to talk to a lawyer from your state and ask how its done. How long is she in for and what is she in for ?
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Old Jun 20, 2009, 06:46 PM   #7  
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Quote:
Originally Posted by Indianamom View Post
My sister is 28 years old she has learning disabilities and considered mentally retarded. She does not get a disability check. She also has hepatitis c. She is currently pregnant. Since she can't take care of her self and is mentally at a mind state of a 15 year old. Can I get some kind of legal guardianship over her kids to help care for them? If so what can I do at little to no charge to do that. Thanks you in advance for any suggestions.
If she isnt disabled enough to be on disability then she isnt bad enough off to be proven unfit. Is there a named father in all this ? Who does she live with since she by your words cant live on her own ?
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Old Jun 20, 2009, 07:01 PM   #8  
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I have merged the two posts, since this changes alot of issues,

If she is in prison, the state is her "guardian" in a legal sense of the term. So your two posts give a totally different view point, unless you have two pregnant sisters one with a disability and another in prison.
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Old Jun 20, 2009, 07:10 PM   #9  
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Quote:
Originally Posted by califdadof3 View Post
If she isnt disabled enough to be on disability then she isnt bad enough off to be proven unfit.
I think it would depend on WHY she doesn't receive disability like maybe she never applied for it.
But she would still have to be proven unfit. Many abled parents are unfit. Even with a disability the system will often work with the person to provide adequate assistance and care.
Also when is she expecting and when is she expected to get out of prison?
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Old Jun 21, 2009, 10:51 AM   #10  
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Get a family law attorney.

They will know EXACTLY what you need to do in your state to get custody.
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