QUESTION
If baby is in the ICU and mother is in rehab, doesn't the father get custody?
Asked on Jun 06th, 2016 on Child Custody - Wisconsin
More details to this question:
He is not married to the child’s mother. She has been sent to rehab for drug addiction while baby is in ICU because of addiction. My nephew is doing DNA. If it shows that he is the father shouldn’t he get placement? Her mother has kicked her out and lives off the system.
2 ANSWERS
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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He needs to file an action for paternity to establish he is the father. Then it is likely he will get placement.
Answered on Jul 11th, 2016 at 5:52 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If he is the father, then he is deemed the 'natural guardian' of the child. But the hospital might not release him to your son without a court's written determination that he is the father. Since he had a DNA test, it sounds like there is a paternity case under way. If he has filed the formal Acknowledgment of Paternity, a copy of that might be enough. Check with the hospital as to their requirements.
Answered on Jul 11th, 2016 at 5:51 AM