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Mother passed away

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A

aculbert

Member
What is the name of your state?Alabama
I need answers quick. My brother and his girlfriend had a baby girl on Nov 21 05. On friday 12/02/05 His girlfriend passed away due to complications. The baby has been with my brother since Friday until today (the funeral). Maternal grandparents requested (or rather demanded) that he bring the baby to the funeral. They also took the baby with them afterwards to visit with family. They have not brought the baby back or called for him to come get her. I need advice quick before it gets out of control. I know that they have no rights to keep the baby, but I'm afraid they will make up lies about my brother, or try and stop him from getting her back. What is the best course of action? I am pacing the floor with worry.
 


B

BelizeBreeze

Senior Member
aculbert said:
What is the name of your state?Alabama
I need answers quick. My brother and his girlfriend had a baby girl on Nov 21 05. On friday 12/02/05 His girlfriend passed away due to complications. The baby has been with my brother since Friday until today (the funeral). Maternal grandparents requested (or rather demanded) that he bring the baby to the funeral. They also took the baby with them afterwards to visit with family. They have not brought the baby back or called for him to come get her. I need advice quick before it gets out of control. I know that they have no rights to keep the baby, but I'm afraid they will make up lies about my brother, or try and stop him from getting her back. What is the best course of action? I am pacing the floor with worry.
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At this point your brother has NO rights to the child.

He needs to file an emergency petition for custody and demand a DNA test. An attorney can expedite the testing but he needs to act now before the grandparents try to gain guardianship.
 
B

BelizeBreeze

Senior Member
aculbert said:
he is on the birth certificate and the baby has his last name
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And until he has a judge sign a custody order that is ALL he has.

Either do as suggested or not. No sweat off mine.
 
B

BelizeBreeze

Senior Member
aculbert said:
I know he signed something at the hospital. What if it was stating that he was the father
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Listen DAMN IT!

YOu are NOT an attorney. You have asked for legal advice.

NOTHING he signed means anything. HE was not married to the mother and therefore has NO legal rights until assigned such by a court.

So, stop this what if crap. You have the answer and nothing is going to change that.

You have also been told what he NEEDS to do and now.
 
J

jmac3

Guest
aculbert said:
I know he signed something at the hospital. What if it was stating that he was the father
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Does the hospital give the affadavit of paternity to unwed parents if so and he signed that it may have some hold. I am not an attorney. I was just asking.
 
B

BelizeBreeze

Senior Member
jmac3 said:
Does the hospital give the affadavit of paternity to unwed parents if so and he signed that it may have some hold. I am not an attorney. I was just asking.
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And that is obvious because it doesn't matter if he has a copy from GOD that he is the father. :rolleyes:
 
J

jmac3

Guest
BelizeBreeze said:
And that is obvious because it doesn't matter if he has a copy from GOD that he is the father. :rolleyes:
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well if he had a copy from GOD saying that he is 99.9999% the father it would. :D
 
A

acmb05

Senior Member
aculbert said:
What is the name of your state?Alabama
I need answers quick. My brother and his girlfriend had a baby girl on Nov 21 05. On friday 12/02/05 His girlfriend passed away due to complications. The baby has been with my brother since Friday until today (the funeral). Maternal grandparents requested (or rather demanded) that he bring the baby to the funeral. They also took the baby with them afterwards to visit with family. They have not brought the baby back or called for him to come get her. I need advice quick before it gets out of control. I know that they have no rights to keep the baby, but I'm afraid they will make up lies about my brother, or try and stop him from getting her back. What is the best course of action? I am pacing the floor with worry.
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Check with the hospital and see if this is what he signed. Keep in mind that A birth cerificate is not an Affidavit of Paternity.




Affidavit of Paternity
This affidavit, if properly signed and notarized, creates a legal finding of paternity under Alabama law. It is a legally sufficient basis for establishing an obligation for child support and birth expenses. This form can be completed anytime after the child's birth and before the child's nineteenth birthday. This form can be obtained at any county DHR office.

*
In-Hospital Paternity
All birthing hospitals must allow unmarried mothers and alleged fathers the opportunity to sign an affidavit of paternity at the time of their child’s birth.
 
A

aculbert

Member
BelizeBreeze said:
Listen DAMN IT!

YOu are NOT an attorney. You have asked for legal advice.

NOTHING he signed means anything. HE was not married to the mother and therefore has NO legal rights until assigned such by a court.

So, stop this what if crap. You have the answer and nothing is going to change that.

You have also been told what he NEEDS to do and now.
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Screw you! The link that Stealth sent me states:

In-Hospital Paternity
All birthing hospitals must allow unmarried mothers and alleged fathers the opportunity to sign an affidavit of paternity at the time of their child’s birth.
So don't tell me signing something wouldn't establish paternity.
 
A

acmb05

Senior Member
according to this it does

BelizeBreeze said:
And that is obvious because it doesn't matter if he has a copy from GOD that he is the father. :rolleyes:
Click to expand...
Affidavit of Paternity: This affidavit, if properly signed and notarized, creates a legal finding of paternity under Alabama law

#
In-Hospital Paternity
All birthing hospitals must allow unmarried mothers and alleged fathers the opportunity to sign an affidavit of paternity at the time of their child’s birth.

Btw I got this info off the link that was posted before.

http://www.dhr.state.al.us/page.asp?pageid=421
 
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