custody

[blondie]

My son is raising his daughter. He is not married. His girlfriend is in college as well as he is. She is not living in state and he is doing all the care of her. He goes to college, takes care of her and also works. She has gone away to a job for school in Bloomington and come home. Then when school began she left to go out of state and hasn't been home. I help him take care of the baby on weekends so he can get some rest and work. He does the laundry and cooking and takes the child to her well child visits. When she does come home the baby doesn't really know her.
My question to you is can she just come and take the baby away or should he get it legal that he is doing all the care and raising her? Is this something he should consider? I have talked to him and he thinks it couldn't happen. That little child would be lost without her dad since he is always the one who takes care of her.
Some legal advice would really help at this time. hank you.

[janM]

Since they are unmarried, she probably has exclusive rights to her, because most states say an unmarried mom has automatic custody. And until your son goes to court, he has ZERO rights.

He needs to file for paternity and custody. He could maybe get an emergency hearing since mom is not around and he is the caretaker. Unless he does this, mom could come back tomorrow and take her anywhere and he likely wouldn't have a say in the matter.

Call a family law attorney in the morning and see what can be done. A statement from the doctor, daycare, etc. would be helpful to prove his involvement.

Have your son come here and read the articles.

Kudos to him!