What happens to a child after birth while awaiting a paternity test? does the child go into foster care or go with the mother?
Asked on May 15th, 2018 on Child Custody - Wisconsin
More details to this question:
This is somewhat complicated. My boyfriends ex girlfriend is pregnant and she is due soon. She is diagnosed with schizophrenia and used heroin during her pregnancy. Does this mean the baby will automatically get taken away from her and she will not have custody?
Most legal things do not happen "autmoatically." Once the baby is born, if there is a belief or suspicion that the mother is unfit or otherwise incapable of taking care of the child, child protective services will need to be informed, and if necessary, a CHIPS petition can be filed (child in need of protective placement), Since the child is born out of wedlock, the assumed biological father, has no legal rights to the child until paterntiy can be established and court order made as to custody and placement. Paternity can be established by either both parties signing a voluntary acknowledgment of paternity or by either party, or the state (if assistance) filing a formal paterntiy action in court.
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