QUESTION
Um I've never done this before so please bare with me?.. Um I had my second son on 11-4-10 , I gave him to my sister because she was gonna adopt him
Asked on Jul 21st, 2011 on Family Law - Pennsylvania
More details to this question:
and now it's been 8 mons and theres still no paperwork and when I asked my attorney about this before he was born they said that she could take him home with her.. so now i'd like him back how would I go about that with hopefully little to not much hassel?. his father and I would like him back soon rather then later,because there is nothing tht legally says he is hers.. Please help me
1 ANSWER
You should contact a lawyer near where your sister lives, if it is in a different place. If there has not been an adoption, legally you have the right to simply go take your son back; however, this is not likely in his best interest, given that you have not been parenting him for his infancy. If you can not get your sister to agree to a a planned return to your care, you should start a custody action and ask to have a plan put in place to have him eventually returned. Be prepared to have this take some time and also for the possibility of other services in place to make sure that you are not going to abandon your child again. Because your sister has been acting as his parent, she would also have the right to ask the court to give her custody and/or terminate your rights, since you have not been involved. You really need to speak to a lawyer and soon. There are far too many issues to fully meet your needs on this forum.
Answered on Sep 24th, 2011 at 12:22 PM