Q: If a parent is in police custody and agrees to sighn over rights,what motion should be filed
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A:
In Indiana, if a parent in police custody agrees to sign over their parental rights, the appropriate legal action would be to file a petition for involuntary termination of parental rights in the appropriate family court. This petition is typically filed in the county where the child resides. It's important to note that the court will scrutinize the circumstances under which the parent consents to relinquish their rights, especially if they are in custody, to ensure that the decision is made freely and voluntarily.
The process involves serving notice to all parties involved, including the parent in custody, and a hearing where the court will consider whether the termination of parental rights is in the best interest of the child. The court will also evaluate whether the parent has been provided with legal representation.
Given the complexity and sensitivity of these proceedings, it might be beneficial to seek legal advice or representation. An attorney experienced in family law can guide you through the process, help prepare the necessary documents, and represent your interests in court. Remember, the paramount consideration in these cases is always the welfare and best interests of the child.
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