Father trying to get custody mother is a drug addict

[amberlee]

My God Father has been married for about two years to this woman & they have never lived together he lives in NY and she lives in NC their marriage was full of problems mostly because after they were married he found out she was abusing prescription drugs & lost her other child from a separate marriage b/c of this he had asked her for a divorce however she refused saying she would kill herself if he left her and then she got pregnant and two days ago she had just given birth to their child and didnt tell him he flew down the NC last night and the baby is still in the hospital because of breathing problems and the mother is not breast feeding and smoked throughout her pregnancy can he take the baby from the hospital to his hotel and then later leave the state with the baby? undefined

 

[Phnx02]

My God Father has been married for about two years to this woman & they have never lived together he lives in NY and she lives in NC their marriage was full of problems mostly because after they were married he found out she was abusing prescription drugs & lost her other child from a separate marriage b/c of this he had asked her for a divorce however she refused saying she would kill herself if he left her and then she got pregnant and two days ago she had just given birth to their child and didnt tell him he flew down the NC last night and the baby is still in the hospital because of breathing problems and the mother is not breast feeding and smoked throughout her pregnancy can he take the baby from the hospital to his hotel and then later leave the state with the baby? undefined

Certainly not. Until paternity has been established that he is the legal father, he has no rights to the child. If he takes the baby, it will be considered kidnapping. Until paternity has been established, the mother has sole legal custody as giving birth to the child. If he fears the mother is unfit, and the baby is subject to her negligance, he will not only have to establish paternity first, but then file for custody based on this proof. It is a process that only the courts can sort out.

How could he be married to the woman for 2 years but never lived together? They both have some explaining to do. While smoking during pregnancy is certainly detrimemtal to the baby's health, there is no law against this nor is it illegal to not breastfeed a child. These are hardly reasons to justify removing the baby's care from the mother without further intervention from social services.

 

[Zephyr]

I may be wrong but I thought a paternity was automatically established if a child is the product of a marriage, therefore either parent may come and go with the child as they wish. NOT that I am in anyway advocating this guy take the newborn away from it's mother, I also think if the mother had such a big drug problem the hospital would have documented that and made the appropriate referrals as required by law.

 

[LdiJ]

You are correct. However unless the hospital themselves finds some reason to involve CPS (uncoached by dad) the hospital IS NOT going to release the baby to anyone but mom.

In addition, the child is a legal resident of the state of NC, and NC would have jurisdiction over the child.... so if dad attempted to take the child to NY the courts would order him to bring the child back.

The bottom line is that not only is that a VERY bad idea...but it wouldn't work either.