How can maternal grandparents get custody of a newborn given away?

Question

My cousin just had a baby--and she decided to give it away-nothing legal or formal about it, not an adoption, she's giving it to a friend. She is signing over her parental rights tomorrow, and this friend has convinced her to put the friend's husband's name on the child's birth certificate rather than the actual father. My aunt and uncle, the baby's grandparents, want custody. How can this be done???

Answer 1

If your cousin wants to give the baby away, then it's her right to do so. Her parents have no claim to the baby--if she doesn't want them to have it, they don't get it. And, it is legal if she's signing away her rights to this other woman and it IS a legal adoption.

Answer 2

I agree the only good choice would be to contact a lawyer in the Morning...

From my understanding a woman can place a baby privately for adoption and the grandparents would have no rights...

But, this is back-handed and wrong to Name a Father just to avoid a legal adoption is not just Illegal (FRAUD), unethical but unacceptable....

This not only is wrong for the baby--but, for the actual birth father....  

The people attempting to encourage her to lie and make an illegal claim of a birth father should be reported to the FBI in my opinion.

Answer 3

They need to go see a lawyer.  And things will proceed from there.

Answer 4

In this situation, the grandparents technically have no rights.  The police can do little about it-if they call the police, they will be told to take it to court.

The grandparents best course of action at this time would be to contact the REAL biological father and get him on their side.  And, as already mentioned-contact a lawyer asap.

If she is signing away her parental rights, it MUST go through the courts.  The grandparents and biological father can, at that time, contest it.  A DNA test will be ordered and it will come out that the person named on the birth certificate is not the real father.  As someone else already mentioned, that is fraud-both their daughter and the man who signed it can be held liable.

The daughter can put the child up for adoption even if the grandparents want custody.  However, she is not going about this the right way.  If the biological father can get involved in this, and he agrees, then they might be given custody in light of the situation.  He has the ultimate rights, though.

I wish this baby the best...

Answer 5

The grandparents are out of lucky, it’s the biological mother/ father  choose on who gets to adopt/custody of their baby. Clearly here the birthmother does not want the grandparents to have custody. They can go to court but if the birthmother does not want them to have custody and has picked out what she feels is a suitable family for her birthchild then they are up the creek with out a paddle. Of course lying about who the father is wrong but I think that is a different issue all together.  If they know who the birthfather is they could inform him and then he could get custody of the baby if he wants too. It’s very unlikely that the grandparents would end up with custody, even more that the birthmother clear does not want that.  Legally the only person that a person most get permission to place a child for adoption is the other biological parent.

Answer 6

They need to go to the sherriffs department RIGHT NOW, and inform the officer on duty what the situation is.

They should swoop in and take custody, untill the legalities can be worked out.

Considering that time is of the essence, do not hesitate.

Answer 7

Only a lawyer can advise, but do it quick the longer child not in their custody the longer it hurts their case.

Answer 8

They can try and go to court, but if your cousin says she doesn't want them to have the baby they can't have it.

Her friend is VERY VERY dumb to do this......she'll have no legal rights to this baby and if your cousin changes her mind she'll get that baby right back from her.  

To be honest sounds like a scam to either avoid adoption fees (which I hope it is just that) or avoid a background check (which could be scary).  It sounds like these people have misled her and are trying to snatch a baby.

Is there a reason she doesn't want her parents to have the baby....a good one I mean?

Try and talk to her...some states are better about grandparent rights than others.....they should go with her when she signs of her rights and see if they can object in anyway...maybe demand a DNA test....with his name on the birth certificate he is the legal father.

If there is a way to force him to take the stand and swear under penalty of perjury he is the child's father, he may chicken out.

Another avenue to block it...does anyone know the real birth father?  Maybe he could help her parents...of course he may make matters worse.

Good luck!

Answer 9

Tell them to see a lawyer asap. They need legal advice about this now.

Answer 10

It depends on the state you are in.  For example, in the state of Florida grandparents have no rights and will not be awarded custody in that situation.  

You said there is nothing formal or legal going on, but if there are papers being signed than there is something legal going on.  Once a birthmother signs consent forms she has a year to contest it, but she would have to prove that she was coerced by the adoptive couple.   There are very specific things that would have had to go on to be considered coersion and it is very difficult to prove.

If her parents want custody of the baby they need to ask her not to sign over her rights to the adoptive couple.  Have they tried talking to her and asking for custody?

They should have already contacted a lawyer and looked up the adoption law in their state to see if they have any rights in this matter.

Answer 11

i agree with everyone else....see a lawyer and have the real dad order a paternity test maybe he has more power .....especiallly if he did not give up rights

Answer 12

legally, she can let whomever she wants raise the child, but it takes a court to allow her to terminate her rights. The grandparents first need to contact social services...immedicately and then perhaps get a lawyer.