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

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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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.

The easiest way would be to go to her and get her permission. She could sign guardianship over to you.


Other than that, I don't know. Hope I helped a little. And I'm sure one of our law experts will be along shortly

No I wouldn't think so. It has to go through 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)

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.

Well first while 15 year old is a child in many ways, there are 1000's of 15 year old taking care of their own children,

So maybe, what happens is they take parenting classes and uses resourses available

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Originally Posted by Indianamom

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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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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Originally Posted by Indianamom

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.

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If she isn't disabled enough to be on disability then she isn't 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 can't live on her own ?

I have merged the two posts, since this changes a lot 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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Originally Posted by califdadof3

If she isnt disabled enough to be on disability then she isnt bad enough off to be proven unfit.

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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?

Get a family law attorney.

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

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Originally Posted by Fr_Chuck

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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My bad I think I toally asked these questions the wrong way. Here's the situaion. My sister is 28 years old. She has learning disailities and mentally retarded according to her record. She is 15 in her mind set. However she is homeless, Lets evryone take advantage of her, Sleeping with guys for money to pay these peoples bills that's she staying with for the moment. Yet these peole had her write bad checks a couple of years ago and my sisters served time in jail over that. Now on wed she is being sentenced to 20 years inprison for dealing cocaine. She is pregnant with twins and due in nov. The father doesn't claim the kids. So now the lady where she stays wants her son to sign the birth certificate so they can get the kids for the next 10 years. What do I do to help my sister? Kepin mi also the son is alo in prison and gettng out next week. So my siser doesn't know him and as agreed. So do I get guardianship of them to help her or let these people take them from her?

Get the court to appoint a guardian for her if she is or it can be proved her mental state is law.

Have or talk the real father to step up to the plate, and then he can arrange to have someone else appoint guardian or the children or even latter arrange for them to be adopted.

GET A LAWYER. GET A LAWYER. GET A LAWYER. Getting custody from the father would be the fastest and cheapest way. Talk to him privitley and quietley about getting a paternity test done, and ensure hime he won't have to hear about it ever again. Pour on the guilt so that he wants to help you. Otherwise you'll be in court a wile getting legal custody and prooving you can provide for a child