QUESTION

Can my former custodial family take my unborn child from me?

Asked on Sep 30th, 2013 on Child Custody - Utah
More details to this question:
I am 20 years old, married and currently pregnant. My former custodial family is threatening to fight for the custody of my unborn child. I haven't lived with them for over a year and a half. I currently live with my husband and his parents. Do they have a right to my child? By the time my child is born I will have turned 21 years of age. Do I need to worry, or do they not have a chance of taking my baby from me? I understand that I am under 21 during most of my pregnancy and I was pregnant 5 months before I got married, but I am currently married and both my husband and I are able to take care of the child. I am just afraid that they want to take my unborn son from me before I can even know him. I don't know if this would matter, but if they were able to take my child from me their home is unsafe due to a vicious and dangerous pitbull that they own. Thank you for your time and help.
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5 ANSWERS

William M Stoddard
The answer is no, they have not rights your child. But they could report you to child protective services that you are an unfit mother and the father is also unfit in some way. They know your history, and maybe there is something that will make CPS look into your situation. Babies have been taken by CPS from the birth hospitals on just such reports. Then your child is in dependency and you have to prove the reports are wrong or get help (services) so you can be the parent the state DSHS thinks you should be. In dependency extended family or former custodial parents can offer to take the child for care while you are in this proving stage. If you fail, then they can seek to adopt the child when your rights as parents are terminated. I would recommend if you can move to where these people do not know where you live, preferably another county. Look carefully at your situation, is there anything you need to do to change what you have done in the past (drug use, bad acts like prostitution or stupid childish stuff) and make sure none of that is happening now and will never happen again. Choose medical professionals who are not judgmental. Do Not tell you whole history to the new ones. Learn from the mistakes of others, ask around.
Answered on Oct 07th, 2013 at 3:31 AM

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As the child's parent, you have primary rights to you child. Grandparents don't even have visitation rights in this State. However, I have seen grandparents obtain custody if they can prove that the parents are unfit, eg. that harm will co,e to the child.
Answered on Oct 02nd, 2013 at 4:07 AM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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I don't know what you mean by "former custodial family." No one can take your child from you without the permission of the court. If you and your husband can be shown to be unfit because of substance abuse, mental health or other serious problems that would not allow you to act as fit parents, a third party, including the child's grandparents can file a third party custody action. If these people were your foster parents, they would have less standing than a grandparent. Your age is irrelevant here because you're over 18. Where you live is irrelevant unless your husband's parents can be shown to be a danger to the child (e.g. a sex offender). Do not allow your child into the care of these people after he/she is born if you have any concerns that they may try to keep the child. You may want to call a lawyer to discuss this since the facts you provide are so minimal. More complete facts would allow for a more complete and clearer answer. That's not possible by simply writing this kind of question.
Answered on Oct 02nd, 2013 at 3:57 AM

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Criminal and General Civil Litigation Attorney serving Warsaw, IN
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I do not think you need to worry based upon the facts you have presented.
Answered on Oct 02nd, 2013 at 3:52 AM

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Family Law Attorney serving Salt Lake City, UT
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The only thing anyone could do is to petition the court for a guardianship over the child, after it is born. To do this, they would need to allege, and then establish in court, that you are unable to care for the child. You are emancipated in most states when you are 18, and you were certainly emancipated when you married So the fact that you were not 21 when you became pregnant is not a factor.
Answered on Oct 02nd, 2013 at 3:08 AM

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