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Indiana laws on child abandonment
How about a mother who abandons her child? The situation I have is my son is the biological father although his name was never put on the birth certificate. There is an order for it to be put there. Mom comes over with child to visit with the dad and the next thing I am told by her is that her parents have kicked her out of the house and she has no where to go. So I am not going to let my grandson live on the streets nor am I going to let her. After a couple of weeks though she decides she needs to find herself and get strong and moves out leaving the 14 month old with the father to take care of him. When the child came to us he would only drink from a bottle and would barely eat any king of food( baby or otherwise.). 1 change of clothes and a couple of diapers. Myself, my husband and my son have been taking complete care of this child now for 15 days. All of a sudden she decides she wants the child back. Don't know where she is living or how she is going to support the child. What rights do we have?
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Child abandonment is when a child is left alone for an extended period, with no adult care giver. This child was not left with no adult care. So its not abandonment.
It is unfortunate... and very sad when this sort of thing happens. Unfortunately there is nothing you can do to stop the child's mother from taking him back. I would suggest your son (the child's father correct?) file for custody and fight it out in court. He may be awarded joint custody. But unless he can prove to the judge beyond all doubt that she is an unfit mother, they will not take the child away from her. Good luck. Again I am sorry you are going through this. |
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You have almost no rights. You said there was a court order to add your son to the birth certificate. What prompted that order? Why hasn't he followed up on it? Were any orders issued involving custody.
If your son has been deemed the legal father and there are no orders awarding the mother primary custody, then nothing has to be done. Your son is the legal father and has equal rights to his child. If and/or when the mother shows up again, THEN it will be time to do something. |
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