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My husband and I need to get custody of his son and adopt another child from the same mother: How do we go about this?

South Bend, IN |

Both children are from the same mother. The son has been under my husbands care since born but the daughter who he is not the father of has been cared for by us since age 1. The mother tried to care for both finally in August this year, but was unable to provide a safe environment. We recently took them back 3 weeks ago and they are living with us full time, due to some unfortunate events.

Attorney Answers 2


  1. Go in immediately and consult with a local family law attorney. You need to take quick action.

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  2. Of course, since the son is your husband's child, he would simply need to get full custody through the court that handled the divorce/custody. As for the other child, however, you will need to work with an attorney who practices regularly in adoptions/guardianships. The biological mother and the biological father of this child will have to receive notice of any attempt at guardianship; further their consents will be required. As for adoption (permanent), then the biological parents have to terminate their parental rights voluntarily OR you have to seek termination based on certain sets of facts. You really must engage legal counsel to ensure all of the procedural requirements are covered because if not, then the guardianship/adoption can be later challenged at any time and the child ripped from your arms. It will be extraordinarily costly both as to legal fees and as to emotions if any critical steps are missed. If you wish to engage my services, please contact me.

    veRONIca jarnagin, atty, pc

    veRONIca jarnagin, atty, pc provides this response as general guidance and not specific legal advice. If you wish to receive specific legal advice for your situation, please call 317-253-7664 to schedule an appointment.

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