My daughter's daughter is little over 2 weeks old. Her and the baby's father live together. She left because of disagreement and wants to return home to get her baby. Can he refuse to give her the baby and legally keep her?
The father has no rights to keep the child unless and until he is awarded custody by a court - unless some action is taken by DCFS. If the father has neither signed a Voluntary Acknowledgement of Paternity or been declared the child's father by a Court, then he has no rights at all. If he does not return the child, she should contact the local police. Court action may be required. If this matter is not resolved immediately, she should contact an experienced family law attorney ASAP.
i disagree with michael. the father is on the vap and the birth certificate. it is as much his child as hers. she left the child with him. she thought then he was ok to be the care giver.
she should go to court to file a custody case. he should also. let the judge decide it.
i do not think he has to give her the child. the local police may feel differently and tell him to. but i doubt they can legally arrest him should he refuse.
Assuming the father signed the Voluntary Acknowledgement of Paternity and is on the birth certificate, he has as much right to the child as the father as your daughter does. The child is not "her" baby. The child is "their" baby. The father can refuse to turn over the child absent a court order to do so and the police will not force him to hand over the child to his mother as this is a civil matter. One or both parents need to get into court and get this straightened out quickly.
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