[OK] If my baby is born while I am incarcerated, how do I assign custody to my mother?
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Understood. I recommend getting a notarized statement from both parents giving the grandmother permission to take the baby from the hospital (Title 30, Oklahoma Statutes § 30-1-101 et seq.). Hospitals might require a court order, but for now, this is the best step.
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There's a possibility I may end up going to prison for a crime I committed a couple of years ago. I'm doing wonderful now and expecting my first child, but I want to make sure that if I am incarcerated, my mom can pick up the baby from the hospital.
I understand your concern about your situation. Has legal custody or guardianship of the child been discussed or established in case you are unable to care for the child?
In Oklahoma, an unborn child can't be given custody or guardianship before birth.
Are there any specific concerns you anticipate in making sure your mom can pick up the baby from the hospital?
Oklahoma doesn’t recognize an unborn child as a human.
Understood. Is there anything else the family lawyer should know before I connect you?
No, no other concerns that I anticipate.
Hi there, welcome to AskaLawyer. My name is Hammad, and I’ll be assisting you today.
In situations like this, if the presumed father isn’t in agreement, a grandparent custody suit would be needed to get legal rights to the child after birth. Will the father agree to the grandmother taking the child?
Yes, the baby’s father is okay with it. He wants my mother to pick up the baby. He may be in jail too—we got in trouble together a couple years ago.
Understood. I recommend getting a notarized statement from both parents giving the grandmother permission to take the baby from the hospital (Title 30, Oklahoma Statutes § 30-1-101 et seq.). Hospitals might require a court order, but for now, this is the best step.
Will DHS or CPS be called if I go into labor while I’m in jail?
Potentially, yes. CPS may get involved if a parent is incarcerated, especially if there are any concerns about the baby’s safety. They’ll want to ensure the child’s needs are met.
There aren’t any safety issues. When I committed the crime, I was on drugs, but that was 2 years ago. I’ve been clean for 22 months.
That’s great to hear. CPS might still check as a safety protocol to see who plans to take the baby. Having notarized documents from both parents can help smooth that process. Does that make sense?
Yes, thank you.
I don’t see any further questions. It was a pleasure chatting with you, and I wish you the best. Thank you for using AskaLawyer. Have a great evening!
