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Who has custody if both parents names are on the birth certificate?

Nashville, TN |

My friend is in North Carolina. She allowed her baby's father to get to her emotionally so she left the baby with him in Tennessee . Now that she realizes she is a better parent and that he was wrong to tell her things, she wants the baby back. Both of their names are on the birth certificate. He refuses to allow her to see the baby. She has rights to her child and the police officers are not doing anything about it. She shouldn't have to wait until court . She wants to see HER child that SHE carried in her belly for 9 months. She is not an unfit mother and the father has no proof that she is. She was just depressed at the time and believed the lies he fed her about herself. The father is wrong because he is refusing to let her see the baby when she has custody as well. Advice?

Attorney Answers 2


  1. I am assuming her and dad were not married. Where is dad and how long ago did mom leave her child with him?

    It sounds like mom needs to hire an attorney where dad is and file a petition for custody/visitation with the child in the juvenile court of the county where dad and child are.

    The answering of this question does NOT establish an attorney\client relationship. If you wish to hire me call me and we will talk about it, but as of now, I am NOT your attorney.


  2. If the child is here in Tennessee, she needs to have some consultations with family lawyers that are in the county where the child is. From what you say, she left the child when she was depressed. That's going to need some explaining, and a local attorney would know best how to do that. It sounds like this father is not going to agree, so a court order is what she needs. She can find several attorneys that give free consultations, and she can pick the one that she feels the most comfortable with.

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