Steps to getting custody of a baby that is not mine and legally not her fathers.?

Ok so this is a VERY strange situation. My sons father cheated and got another girl pregnant. She had the baby in November. She is now wanting us to take care of the baby most of the time because she has other children and says she cant do it. My sons father is not on the new baby's birth certificate and so legally we have no rights. She dropped he baby off on New years so we could watch her for the day but never picked her up. She then left to out of town for a week. She has came back home but has not came to get her. Both me and her father want custody of her but the mom doesnt want to sign away her rights. Or legally give her to us. What steps can we take to legally make him the father and me her mother. We are scared that she will come when she gets mad and take her to live out of the state (she threatens that a lot, but never does it) But i know that legally she can do this at any time.

â™¥â™¥Ritaâ™¥â™¥

DNA as to the child and the dad...

Attorney....

Custody petition.....

Father on birth certificate

Priceless.....

You on the other hand would need to adopt the child but in order for that to happen the mother's rights would need to be relinquished by her or terminated by the court. At this point, it looks almost like the child could/would be considered abandoned.

ETA:

**ick**

I just read the other answers....you do not want to call CPS and get them involved in YOUR BUSINESS. At this time there is not any idnetifed risk.....it is just a custody dispute.

KEEP CPS OUT OF YOUR LIFE UNLESS IT CANNOT BE AVOIDED!!!

Randy B

Well, first off I'd get a DNA test done to show paternity. After that, things will get easier but others can advise you better then I could on what to do and how to do it.

Lisa

Get a lawyer and get temporary emergency custody of the baby. The father can get a paternity test done and request custody. You have no say in anything since you are not the mother and unless the mom wants to sign over her rights, that's the way it will stay.

Heather B

Taking pre-emptive action will give him rights.

He needs to get a lawyer to discuss custody arrangements and also sign up to putative fathers registries to claim paternal rights ASAP

What an amazing woman standing by your man

Cheryl C

Get a DNA test to prove that he is the father. then file for custody.

mom of many

You could go to a lawyer and get guardianship. that would not terminate her rights but it would mean she could not just come and take the child. she would have to go to court to get the child back. this would give you all legal rights as parents.

mom to be

After there is a DNA test, have the father file for custody. You may also want to call DSS and report that the mother dropped of the baby and never came to get her.

pumpkinseed

Sounds like she abandoned the baby. Try talking to CPS, I'm sure they won't let her have the baby back then it *could* be as simple as proving that your son's father is the dad and he could get custody that way.
Try just asking for custody first, of course he will have to prove he is the father by dna, from the courts.... if this doesn't work try the CPS route- I believe they usually try to find family to take the children in which could be your son's dad.

ladybmw1218

He should be able to sue for custody as the child's father. He can then ask for a paternity test to prove his claim. There may be other ways to go about it legally as well.

No matter what he will need an attorney.

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