Indianapolis, IN asked in Adoption, Constitutional Law and Family Law for Indiana

Q: If a parent is in police custody and agrees to sighn over rights,what motion should be filed

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.