My grandson is the biological father of an 8 month old boy. He is the caregiver. Mom doesn't want him. Grandson went to hospital to get name on birth certificate, but only then did she tell him that she is married, but hasn't seen him in years. That other man is the supposed father, but we don't know where he is. Grandson has had the baby since he was about three months old. Mom says she doesn't want him but she has moved out of state and won't return signed temporary papers he sent her.
Grandson needs to hire a lawyer. Her cooperation would make things simpler but it's not required.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
1. Do a DNA to determine if he is the biological father.
2. If he desires to become the caregiver, file a Petition for Paternity & get a court Ordered Conservatorship.
3. If he is not the father than file for adoption
Birth Certificate is meaningless so don't keep trying to hang your hat on it.
Get an attorney to get this sorted out asap so it does not get any messier. It will. You will all get attached to the child and wind up in a fight for custody or money or both. Settle it now.
Knowledge is power. Hire a professional to listen to all of the facts and help you make informed decisions.
He needs to hire an attorney and file an Original Suit Affecting the Parent Child Relatonship. Both the mother and her husband need to be served. For stratgic reasons he should probably wait until has has had the child for a full six months. That way even if the child is not biologically his--he will still have legal standing to sue for custody.
Ms. Laster practices in Dalla
Your grandson needs to get a genetic test done to establish his paternity and parent-child relationship and remove her husband as presumed father of the child. If it turns out he is not the father, he still appears to have standing to file for custody of the little boy, and it appears he should do so as it would be in the child's best interests.
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