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How can I obtain custody of my friend's newborn baby?

Cincinnati, OH |

A friend has asked me to take her newborn baby and be the legal guardian (primary care giver) We also have discussed legally adopting, but since the baby is due any day there isn't time right away for the home studies that need to be done. She did want to make sure I had custody asap. The father is unknown. What is the best way to legally obtain custody of this child?

Attorney Answers 2


  1. Best answer

    Adoption is definitely where you are headed. But, there is no reason I am aware of (given the facts as they have been described) that juvenile court cannot grant custody to you by agreement between you and the Mother. If you have an attorney prepare an agreed entry to give you custody right away (this will need to be signed by you and the biological Mother), and file a complaint in juvenile court and a motion to have it adopted, this will suffice until a legal adoption can be done to finalize the situation to give you custody and decision making authority. Best of luck.


  2. http://www.probatect.org/images/Adoption_Brochure.pdf

    That is a great brochure from Hamilton County Probate court over adoptions.

    The mother would petition to voluntarily terminate parental rights and ask to have the child placed with you all for adoption. Social Services would do home studies for the 6 months and then it would be your all's responsibility to petition to finalize the adoption.

    If the birth parents reside in Kentucky and give birth there, it may be a little more tricky as you could have to go through the interstate compact procedure.

    You and the birth mother should have a meeting with an attorney. Keep in mind that you and the birth mother would need different attorneys as the law in Kentucky and Ohio require that a different attorney represents the birth mother. Attorneys are necessary as only intrafamily adoptions are available to be pro-se (whereas no attorneys are needed).

    Hope that helps. Good luck!

    The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question

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