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Familylaw Guru
Familylaw Guru, Attorney at Law, JD
Category: Family Law
Satisfied Customers: 1349
Experience:  Experienced in divorce, child custody, child support, paternity issues, and parental rights.
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My neice had ber baby taken away from her by the father, ...

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My neice had ber baby taken away from her by the father, not thru the courts. He is on house arrest and his parents will not let her stay there with him. They are married. She was forced to leave the state to have a place to stay and has kept in contact. However she was just informed by the father that if she does not return to get the baby it will be put up for adoption. stating that she abandoned the baby. She is 4 months pregnant at this time and cannot make the trip is there legal action she can take to have someone make the trip for her even of the husband doesn''t agree?
Submitted: 9 years ago.
Category: Family Law
Expert:  Familylaw Guru replied 9 years ago.

If she gives someone else guardianship over the child, then that person could go pick up the child for her.

Since she did not actually abandon the child but had the child taken from her, he would have to have her consent to give the child up for adoption.

She can still mail into the courts a petition for temporary custody and explain to the courts that he took the baby from her and is threatening to put the child up for adoption. She should file this immediately so as to prevent him from even trying to put the child up for adoption. She can file this in the court where her baby is now living. Since the father is threatening her, she really needs to get an attorney to deal with this so that a guardian can go get the child.

Jennifer

Customer: replied 9 years ago.
WOULD THE SAME BE TRUE IF SHE HAD TO LEAVE THE STATE AND HAS BEEN GONE FOR A CERTAIN PERIOD OF TIME. IS THERE AN ABANDOMMENT LAW IN MISSISSIPPI?
IS THERE LEGAL AID FOR HER SINCE SHE HAS NO MONEY AND FRIENDS ARE CURRENTLY TAKING CARE OF HER.
Expert:  Familylaw Guru replied 9 years ago.

If her parental rights are in jeopardy, yes, she can go to legal aid and get an attorney to help her. There are abandonment laws but they require INTENT to abandon. Since her baby was taken from her she did not intend to abandon thus an adoption could not be granted without her consent. Regardless, she needs to fiel something with the courts immediately. Tell her to go to legal aid. The problem, though, is that all documents will need to be filed in Mississippi where her child still is as that state would still have jurisdiction.

There are legal aid attorneys in Mississippi though and she can talk to them about getting help with this. Here is a website to help her find legal help:

http://www.mslegalservices.org/MS/StateAboutUs.cfm/County/%20/City/%20/demoMode/%3D%201/Language/1/State/MS/TextOnly/N/ZipCode/%20/LoggedIn/0

Jennifer

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Don't forget to ACCEPT so that I may be compensated for my time.

Expert:  Familylaw Guru replied 9 years ago.

If you need more help let me know otherwise, please accept so that I may be compensated for my time.

Jennifer

Customer: replied 9 years ago.
I understand what you have told me so far. However it just came to my attention that the baby was not actually taken from her. She went into the hospital and once released she was told by his family that she could not see the baby or take the baby and had no where to live at that point. Therefore she went to Flordia to get help from her mother and ended up in a living in a rescue mission. So would the abandonment laws apply to this situtuation?
Expert:  Familylaw Guru replied 9 years ago.

She still needs to file a petition with the court immediately. If custody was never taken from her, she could file a petition for habeas corpus to have the child returned. Regardless, she needs to notify the court in the county where the child is that she DOESN'T wish to place the child for adoption, that the father is threatening that, and that she wants her child back.

Jennifer

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