QUESTION
Can she keep the baby from the father if he is on the birth certificate?
Asked on Jan 11th, 2013 on Child Custody - Colorado
More details to this question:
My brother in law and his baby's mother has recently split. She says that we will never see the baby again. Can she keep us, the family, from the baby? What proof do we need that she is unfit? She is addict that goes to the hospital frequently for pain meds. The father is on parole but he reports and pays his fines. He also has clean UA's.
5 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He needs to file a case immediately to get custody of the baby. Talk with an attorney about the steps to take. The attorney will know what to do to establish the fitness of the mother. Given your brother's issues, you may want to consider filing for guardianship of the baby until it is clear that your brother is able to raise the child.
Answered on Jan 15th, 2013 at 8:41 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Father has to file paternity action and request a hearing on custody and visitation. He can rause pain med issue but if they're prescribed and shes following doctors orders there's nothing you can do. You can see baby on fathers time. Father should show proof he's complying with parole and stay clean and sober and take some parenting classes.
Answered on Jan 15th, 2013 at 8:18 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Both of the parents have rights but to enforce them he will probably have to go to court.
Answered on Jan 15th, 2013 at 8:08 PM
Theodora B. Fader
Dad would need to file a custody action in order to establish his rights.
Answered on Jan 15th, 2013 at 8:02 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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She can do whatever she chooses until the father gets a court order giving him specific rights. The father's "family" cannot get any legal rights independent of what the father gets. It isn't necessary to show the mother is unfit in order for the father to get parenting time rights, but if he is seeking exclusive parental authority he will have to convince a judge that that is what is in the child's best interest if he wants to exclude the mother entirely.
Answered on Jan 15th, 2013 at 5:38 PM