I have been taking care of a baby for almost a year while her mother was in jail. I didn't have any legal paPERS DRAWN UP, I realize that was very stupid of me. While she was in jail we agreed that when she got out she would come stay with me so the baby could get to know her . S she was less then a year old when her mother went to jail, so I wanted to make sure she would be OK ,that's why we agreed to that. She was released on the fourth and didn't show up till the next day to my house to stay so I thought. She just came in and took the baby she didn't take any clothes or diapers she didn't take anything. Is there anything I can do please someone help me I live in Indiana thank you

I'm not a legal expert, but I'll give you my thoughts on this. Hopefully someone will come along to give you legal advice, but, this doesn't seem very difficult to me.

She's the mother of this child. She doesn't need your permission to take her child and leave.

You yourself said no papers where drawn up. You didn't adopt this child, you just cared for the child. The mother didn't abandon the child, she left her child in capable hands while she was incarcerated.

I'm sure this hurts, I'm sure that you grew to love the child, but this was never going to be permanent, that's what you agreed to.

She doesn't have to stay with you. She doesn't have to leave her child with you. She's the biological mother, and unless a court finds her unfit, she has the right to be with her child.

Sorry. That's how I see it. I'd be surprised if I'm wrong about this.

I agree with altenweg here. She is the mother, and it doesn't seem like she gave up her rights or signed her child over to you. So basically, you are considered a 'babysitter' no matter how long it has been. And once she is out of jail, she may take her child back and leave.


If you want to keep this child, you will need to contact a lawyer, child services, and prove that the mother is unfit in some way. And simply going to jail does NOT mean she is unfit unless the reason she went to jail directly involves the child's safety. You will need to prove the child is not safe with the child's mother. Which can be very hard to do.

Good luck hon. I'm sorry you are having to go through this. Even if it wasn't your own child, its hard to care for a baby that long and then be expected to 'move on'