My daughter recently passed away and with her death she disnt have a will so I took her three kids I to my home. Well now the father of one of the children wants custody of his child even though he gave up his rights. Hes on the birth certificate and has taken care of her when he has had her. I think the 3 kids should stay together. If the father comes and takes her can i put him in jail for kidnapping even though i dont have custody of them and he gave up his rights
Based on your facts, he would not be arrested for anything and most likely can take the child. Do you have any legal basis to have any of the children?
Robert D. Kane, Jr. Esq. Licensed in CALIFORNIA (based in City of Orange, Orange County;) and MINNESOTA (based in Eagan, Dakota County.) State and Federal Courts My answers are for general information only and not legal advice. My answers should not be relied on as specific legal advice. Much more information would most likely be needed for a legal opinion. My answers are based on Minnesota or California law as appropriate. I am only licensed in California and Minnesota. I provide legal advice and counsel during the course of an attorney-client relationship only. This relationship is established by a written agreement and a retainer (unless otherwise agreed upon.)
In Minnesota there is a strong presumption that a child's parent's custody rights supersede anyone else's. However, it's not clear what exactly you mean by "he gave up his rights". This is likely a very fact-specific case that you should consult with a lawyer more in depth than this forum.
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