Custody? - Writers Forum

agracebella · 12-03-2005, 11:26 PM

Let's see, where to start...

My main character's older sister died, leaving her younger sister (who is very well capable of having a child herself, so that is not an issue) her little baby boy. Or girl. This not decided yet.

How would the child be put into custody of the younger sister? Would they have to go to court over it, sign some papers (which could take some months) or would they just sign a paper and the baby would be her's?

I was just about to finish, when I realized...

The child was given to the sister through the older sister's will (no living spouse). This may (may being the key word) make things a tab bit easier. Please respond quickly!

Abella Grace

ProudestMonkey · 12-04-2005, 12:59 AM

Yeah, if its in her will, then she will have to go a sign some papers for the companys files, and it will be all set - if I'm not mistaken.

Sand · 12-05-2005, 09:32 AM

In order for custody to be transfered to anyone but the biological parents, a formal adoption process is required - even in the case of the decease of the biological parent where the will stipulates a custodian. The custodian must still apply for custody through the courts.

The adopting parent(s) have to fill out an adoption application and a copy of the biological parent's will would accompany the application. Depending on the age of the child (probably not applicable in your case) the child would also be required to complete some forms, with the guidance of their own independent lawyer, testifying that they agree to the adoption. If the other biological parent is around, they also have to agree to the adoption. If the other biological parent isn't around, another form is required attesting to this effect.

The whole lot goes to the court and it's signed by a judge. In the case of a baby, sometimes there may be an actual hearing where the adopting parents officially receive custody and there may be a photo op. In the case of older children, the judge usually just does it on their lunch hour and the paperwork is mailed.

The adoption could be contested by other interested parties, which would complicate the process. Other interested parties could be grandparents, step-parents, god-parents, even friends if they have sufficient grounds. (lots of opportunity for plot twists, if you wanted.)

Hope this helps.

Kat · 12-05-2005, 02:25 PM

S/he would be put into the sisters custody as a foster child right pretty quick, they usually do some investigative home visits depending on the situation. If it's a single female without any children of her own I'm sure they would. They could require parenting classes and counselling.

mammamaia · 12-07-2005, 02:44 PM

both sand and kat offer valid info... you can google for the legalities involved in the state you're writing about, as the process will vary from state to state...