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Jessica
Consultant
Legal Eagle, Expert
Hello! Thanks for using JustAnswer. My name is ***** ***** I am an attorney ready to answer your questions with top-quality service. Just a few quick things before we get started:
Is the baby in any danger?
Legal Eagle, Expert
I see! Can you clarify for me? What do you mean when you say "falsely take her like he did her older sister"?
Legal Eagle, Expert
Understood! Are you wishing to adopt this child?
Legal Eagle, Expert
Understood! So you're just wondering what your rights are here, correct?
Legal Eagle, Expert
Thanks so much! I believe I have everything I need, but was there anything else you’d like to add before I answered? If not, I can begin working on your answer.
Legal Eagle, Expert
Got it! I just need a little time to do some research and draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long!
Legal Eagle, Expert
I'm so sorry to hear about your situation!
So in your case, because you're not the biological mother or father, you must seek an order for adoption in a local court immediately.
The law may not totally give dad rights; however, the police (and no one else) will intervene to take the child away at this stage until and unless you get into court and ask the court to adopt the child based on the best interests of the child.
That's the short answer.
Here is the long answer:
There isn’t usually a form for something like this. You’ll need to do it on 28-line pleading paper. You can usually get 28-line pleading paper relatively cheap if you click the link below:
https://www.etsy.com/listing/661142488/pleading-paper
This site will take you to where you can find the pleading paper template.
On the template, you will explain to the court all the reasons why the adoption is necessary and in the best interests of the child.
In any event, when you have your document ready, you should go to www.thumbtack.com and find a process server. A process server is a person who will serve a copy of the document on the other party for a small fee. A process server must be at least 18 years old and not involved in the case in any way. Friends and family can do it, too.
Once the document is filed and served on the opposing party, they will have a chance to oppose the filing if they wish. They must file and serve their opposition, too. Regardless, the court will hold what's called an "interim hearing", where the judge decides where the child goes in the meantime. The court may also appoint what's called a guardian ad litem, which is an attorney to represent the child. The GAL will usually interview all the parties about the adoption. Also, the court may appoint an investigator if they feel it is necessary.
Once all the reports are in, the court will have a final hearing, and the magistrate will review the documents and make a ruling on the custody.
Please let me know if this has answered your question fully. My goal is to ensure you’re satisfied with my service completely. Feel free to return here with additional questions or comments if you need more information, and thank you sincerely ***** ***** question and for using Just Answer as your source for legal information.
Legal Eagle, Expert
Hello! I just wanted to check in to see if you had any follow-up questions for me about this today.
Legal Eagle, Expert
Technically, no, but practically speaking, unless you have the ability to physically take the child, and if bio dad doesn't give the child up, you're better off going to court.
Legal Eagle, Expert
Ok thanks for clarifying! So until dad signs the birth certificate, or gets a court order, he can't take the child.
Legal Eagle, Expert
Yes, he could. He can ask the court for a DNA test if him and the mom doesn't let him sign the birth certificate.
Legal Eagle, Expert
Correct. That will help buy some time and mom can refuse to add him on the birth certificate.
Legal Eagle, Expert
I'm so sorry. You said they're married?
Legal Eagle, Expert
Remind me again what state the baby was born in?
Legal Eagle, Expert
I see. So if he and mom were married at the time of the birth, then he doesn't need mom's consent to do so. His past issues and bad behavior don't change that, unfortunately.
Legal Eagle, Expert
Hello! I just wanted to check in to see if you had any follow-up questions for me about this today.
Legal Eagle, Expert
So I haven't heard from you in a while, but that's ok! Thank you for trusting JustAnswer with your question. If you have any additional concerns or need me to clarify anything, please let me know. I am happy to help.
My name is ***** ***** I go by Legal Eagle on this site. Once you log back in, you can go to the “My Questions” page, and you’ll see our conversation. There, you will have a chance to “Request Legal Eagle”. Type in your question, and it comes to me. You can also click the link below. https://www.justanswer.com/law/expert-dmwesq/
In the meantime:
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Legal Eagle, Expert
Sure thing!
So you'll have to do what I suggested earlier and seek adoption over the child. Let me repost:
here isn’t usually a form for something like this. You’ll need to do it on 28-line pleading paper. You can usually get 28-line pleading paper relatively cheap if you click the link below:
https://www.etsy.com/listing/661142488/pleading-paper
This site will take you to where you can find the pleading paper template.
On the template, you will explain to the court all the reasons why the adoption is necessary and in the best interests of the child.
In any event, when you have your document ready, you should go to www.thumbtack.com and find a process server. A process server is a person who will serve a copy of the document on the other party for a small fee. A process server must be at least 18 years old and not involved in the case in any way. Friends and family can do it, too.
Once the document is filed and served on the opposing party, they will have a chance to oppose the filing if they wish. They must file and serve their opposition, too. Regardless, the court will hold what's called an "interim hearing", where the judge decides where the child goes in the meantime. The court may also appoint what's called a guardian ad litem, which is an attorney to represent the child. The GAL will usually interview all the parties about the adoption. Also, the court may appoint an investigator if they feel it is necessary.
Once all the reports are in, the court will have a final hearing, and the magistrate will review the documents and make a ruling on the custody.
Please let me know if this has answered your question fully. My goal is to ensure you’re satisfied with my service completely. Feel free to return here with additional questions or comments if you need more information, and thank you sincerely ***** ***** question and for using Just Answer as your source for legal information.