Legal Question in Family Law in Indiana

Child Abandonment

My sister left her 7-month old baby with our mother over a week ago with the intention of the baby staying one night with our mother. It has now been nine days since this happened. The baby has now been staying with either me or our other sister. The mother has not called to see how the baby is doing, although our mother has talked to her, but she is making no attempt to come and get the baby. My other sister and I have no way to contact her and we do not know where she is staying. The mother is being nvestigated by CPS for not getting the baby medical attention that it needs (birth defect). We were told by an acquaintance in a social service agency not to call CPS because if the baby would get put into foster care it would be very difficult to get her out, even though both my sister and I said we would keep her. I feel that we should let them know that we do not know where the mother is but that the baby is not with her and is being taken care of so that our chances of getting to keep the baby if CPS decides to remove her from the mother after their investination would not be hindered. Is this considered child abandonment, and what are our options? Thank you.


Asked on 4/07/04, 10:44 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Child Abandonment

One option is to petition the Court in your county with probate jurisdiction to be appointed guardian over the child. Another option is to file a motion to intervene in any pending case for paternity or divorce to ask for custody of the child. If mother of child is not divorced from father or there has been no action to establish paternity, I would recommend the guardianship. That way CPS does not become involved.

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Answered on 4/08/04, 10:29 am


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