desperately trying to get my daughter back

Kristin - posted on 01/14/2014 ( 4 moms have responded )

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I need to know if an unmarried couple conceive a child and the father's name is not on the birth certificate and no paternity is established is it legal for the father to take the baby out of state and sign rights over to a cousin of his?

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♫ Shawnn ♪♫♫ - posted on 01/14/2014

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He cannot sign away rights to another person for custody, but the child is the biological child of both of you, so he does have rights to custody should he choose to pursue that.

You need an attorney.

Jodi - posted on 01/14/2014

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Well, you could struggle to win this fight if you don't have one. Depending on the laws where you live, the father may have 50% rights to the child, and therefore, you may not be able to go to the police. You could go and file a report (if you haven't already), but there is a chance they will do nothing. Try that first.

If that is unsuccessful, you are going to need to establish custody in court. Once again, how you go about that depends on where you live. I am pretty sure you CAN do it without a lawyer, but if he hires one, you'll want to make sure you have one too.

Jodi - posted on 01/14/2014

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No. In that, he can't just sign his rights over to someone else, and he can't take the child interstate. You need a lawyer.

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