Mother in acoma does dad get custody

[starellon]

What is the name of your state?What is the name of your state?Louisiana: The mom went into acoma after injesting drugs 4 months ago, they do not expect her to make it. Does the father authomatically have custody of the 3 year old? His name is on the birth certificate, they are not married even though they were living together and planned to be married this month after he got back from the service. We don't want someone from her side coming and trying to take the child.

 

[all4daddysgirl]

What is the name of your state?What is the name of your state?Louisiana: The mom went into acoma after injesting drugs 4 months ago, they do not expect her to make it. Does the father authomatically have custody of the 3 year old? His name is on the birth certificate, they are not married even though they were living together and planned to be married this month after he got back from the service. We don't want someone from her side coming and trying to take the child.

To solve all worries, just have dad go up and file for emerg. temp. custody.
But, on the other hand why should dad have her if he was living with and having a relationship with a drug user that was the mother of his child??

 

[stealth2]

Well, noone can stop someone from her family trying to take custody. The first question is - has the father been LEGALLY determined to be the father? Simply being on the birth cert isn't always adequate - in fact, it usually is not. He may need to prove paternity first.

 

[starellon]

You just assumed all4daddysgirl, but thanks for your reply.

 

[all4daddysgirl]

You just assumed all4daddysgirl, but thanks for your reply.

Assumed what?

 

[BelizeBreeze]

Where is the child now and what was legally done to this point?

 

[starellon]

BelizeBreeze, we had to call the dad back from the military when this happened 9/04 and she has been with him since, sadly he had to get a general discharge to be here just in case she (mom) doesn't make it. Needless to say this is a stressed out situation! The laws here in Louisiana are like no other, they are markedly different from other states, there is no common in law marriage here. Nothing has been done as far as a attorney as they are just really expensive for us.

 

[stealth2]

The laws here in Louisiana are like no other, they are markedly different from other states, there is no common in law marriage here. Nothing has been done as far as a attorney as they are just really expensive for us.

The majority of states don't recognize common law marriage - nothing odd about that in LA. And lawyers are expensive in all states.

If Dad currently has custody, it's unlikely that that would change.

 

[BelizeBreeze]

BelizeBreeze, we had to call the dad back from the military when this happened 9/04 and she has been with him since, sadly he had to get a general discharge to be here just in case she (mom) doesn't make it. Needless to say this is a stressed out situation! The laws here in Louisiana are like no other, they are markedly different from other states, there is no common in law marriage here. Nothing has been done as far as a attorney as they are just really expensive for us.

Stealth is correct on the common law question.

As to the paternity of the child and your legal rights,

Louisiana law allows paternity to be established by a court or by having the father sign an affidavit acknowledging that he is the father of the child. Many of the paternity establishments that are obtained by SES each year come through the acknowledgment process. Under State law, hospital personnel are required to provide the parents of illegitimate children the opportunity to sign an acknowledgment of paternity form in the hospital at the time of the child's birth.

This is over and above the birth certificate so, therefore, my next question is did the biological father sign an Acknowledgment of Paternity Affidavit and if so, he is the LEGAL father with all inherent rights to the child. If not, or he cannot remember, I would strongly suggest he contact the birth hospital for a copy immediately of the birth certificate and file for temporary legal custody of the child pending a finding of paternity through DNA testing.

 

[tigger22472]

I'd like to add to BB's response as he's correct about the affidavit to establish paternity. Don't just assume he did or didn't. Check with the state department of Health. When my oldest son was born my ex and I weren't married at the time I didn't know until recently when my husband adopted my children that he had signed the affidavit in the hospital. It was forwarded with things from the dept. of health.

 

[rmet4nzkx]

In addition to confirming paternity and custody, depending on whether or not MOM has worked enough to qualify for social security disability, if so, then that should be applied for, and the child would also be eligible for benefits.

 

[starellon]

Thank you all for your responses. Yes he signed a affidavit of paternity, not at the hospital, but when she was 4 months old stating that he was the dad and sending it in to amend the birth-certificate to his last name. OCS gave the child to him (me until he got home) when this all happened until they completed their investigation (child was with mom when she OD'd)
After reading all your responses I believe that a temp. custoday order is probably just what he needs, and I think?? I can get it off the internet.
She did work just alittle as a waitress for awhile in her life, she is 23, he is 25 so will check into the SS also.
Thank you all so much. At first we thought she would just get pumped out and come on back home-it just didn't happen, she has swelling of the brain which caused her to go into acoma, the child told me mommy fell and busted her nose in the shower, so undoubtedly this is what put her into acoma along with the pills and alcohol. We just don't understand why she would take such a chance with the baby there with her, why not call and ask me to come and get the baby?? all we can think of is that she knew I'd hit the roof if I knew what she was doing. So, so sad..

 

[starellon]

P.S. Yes, I just looked, the paper he signed was a Acknowledgement of Pat. for Louisiana.

 

[SMURFEELAW]

Good Luck and get that filed b/c you don't want her family or anyone else causing problems. It seems like a no brainer but you may have obstacles, I would have your hubby ask for temp full custody until there is more information on how mom is doing and if she will survive. Good Luck.

 

[casa]

What is the name of your state?What is the name of your state?Louisiana: The mom went into acoma after injesting drugs 4 months ago, they do not expect her to make it. Does the father authomatically have custody of the 3 year old? His name is on the birth certificate, they are not married even though they were living together and planned to be married this month after he got back from the service. We don't want someone from her side coming and trying to take the child.

File immediately- Even if Mom recovers, Dad has an excellent chance at custody because the mother attempted suicide in front of the child.

BTW has anyone looked into therapy for this child? Seeing that would be traumatic and the child needs an opportunity to work through her feelings and concerns- especially at such a young age where her comprehension of the events is unclear.