Bio mom and bio dad agreed to give me baby because they can't take care of her father is not on the birth certificate

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Customer: Bio mom and bio dad agreed to give me baby because they can't take care of her father is not on the birth certificate and he won't sign her over now, knowing she is in limbo and can't be seen by a Dr, I have power of attorney, he knows she can't be seen by a Dr with no insurance
JA: Who currently has legal custody?
Customer: It's not established because she's 3 weeks old and he isn't on the birth certificate, she has been in my care since June 3rd
JA: What steps have you taken? Has anything been filed in family court?
Customer: Bio mom signed my husband and I to be power of attorney, that's the only papers we have
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Answered by Legal Eagle in 5 mins 12 months ago
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Legal Eagle
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Legal Eagle
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Legal Eagle
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156320 Satisfied customers

Jessica

Jessica

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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:

  • I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating. However, we can get this resolved quickly;
  • We are transitioning to a new system to better serve you, so there may be a slight delay in my responses. Your patience is greatly appreciated.

Is the baby in any danger?

Customer
Only if he tries to falsely take her like he did her older sister
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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"?

Customer
He filed for emergency temporary custody with the courts to remove a not even 6 month old breast fed baby claiming mom was on drugs so he got the baby for a month until the next court hearing where he was court ordered to give her back because he lied to get the baby in the first place. Mom went and took a drug test for the courts to prove he was lying
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Legal Eagle, Expert

Understood! Are you wishing to adopt this child?

Customer
we have been planing it since Christmas. Both parents wanted us to adopt her but now he is ghosting us and hasn't signed her over. I have power of attorney and since he knows she's in limbo land with no insurance until he signs he is knowingly not signing so he's refusing medical needs to a 3 week old
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Legal Eagle, Expert

Understood! So you're just wondering what your rights are here, correct?

Customer
she's been in our home since birth
Customer
He is not on the birth certificate but they are married
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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.

Customer
Not off the top of my head
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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!

Customer
Ok thank u
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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.

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Legal Eagle, Expert

Hello! I just wanted to check in to see if you had any follow-up questions for me about this today.

Customer
I do! Thanks! So since bio mom gave me power of attorney can the bio dad take that away?
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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.

Customer
I have had the baby since she was born, she's been with me since June 3rd. We tried to contact him and let him know she was born but he refuses to talk to us. Bio mom and baby are living with me
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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.

Customer
Can he get a court order to take her away from us if he isn't on the birth certificate, and didn't pre register acknowledgement of baby
Customer
Does he have to prove DNA first? They are married but at the time a legal separation
Customer
There was actually a protection order at time of conception
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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.

Customer
Is it best to buy time by keeping him off the birth certificate until he makes the effort to prove DNA? And can mom refuse him adding his name without the DNA because they are technically married
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Legal Eagle, Expert

Correct. That will help buy some time and mom can refuse to add him on the birth certificate.

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Legal Eagle, Expert

I'm so sorry. You said they're married?

Customer
they are married but have been thru 2 protection orders. He told her to abort the baby or give it away because he can't raise a baby. He hasn't seen his 1 year old since the end of February and bio mom tried reaching out several times
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Legal Eagle, Expert

Remind me again what state the baby was born in?

Customer
Idaho.....but because my husband and I live in Nevada I'm supposed to higher two lawyers one in idaho and one in Nevada
Customer
He works under the table and has a child support plan but bio mom has never seen a dime and he won't show up to his visitation but now he wants both of the girls
Customer
He lives in his mom's shed with no electricity because that house is ran by drug users
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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.

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Legal Eagle, Expert

Hello! I just wanted to check in to see if you had any follow-up questions for me about this today.

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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:

You can save me as a favorite if you would like.

Tell your friends about justanswer.com!

Customer
I was on a road trip yesterday. How do we legally fight and get custody from bio dad.
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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.

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