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Kristi

Custody and establishing paternity

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My boyfriend has a daughter with a woman who dropped off the child at an unknown location in the same state of birth of child, and residence of father. The mother then left state, The father is on the birth certificate but they were not married at time of birth nor at the present time. Does he legally have the right to go get his daughter from where the mother dropped her off at and file abandonment charges on mother for emergency custody?

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Has your boyfriend's paternity ever been established?  If so, how was it established?  Note that "his name is on the birth certificate" does not answer this question, but it's possible that acknowledgments of paternity were signed in order to get his name on the birth certificate.

 

In what state is the child presently located?  Your post is tagged with Mississippi, but your post seems to imply that the child is in a state other than where your boyfriend now lives.

 

How old is the child?  How long has the child been at the "unknown location"?

 

Regardless of any legalities, if the child is in an "unknown location," how could he possibly "go get his daughter"?  How is it that your boyfriend knows what has happened?

 

What does "file abandonment charges on mother" mean?  Are you implying that a parent who leaves his/her child in the care of another responsible adult, without anything more, has automatically abandoned the child?

 

Regardless of how you answer these questions, your boyfriend certainly is free to file papers with the appropriate court to try and obtain custody.

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The state is Mississippi, she was born there, they lived together as a family there, and child and father are still in the state of Mississippi, she just up and left three days ago and went to Texas to live! Yes he is on the birth certificate and my question is has that established paternity? Or allow him to go get his daughter she is 10 months old!

Edited by Kristi
Had to add something

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Simply signing the birth certificate and the back of the birth certificate does not establish make him the legal father.  

He is going to need to go to court.

 

https://www.msbar.org/for-the-public/consumer-information/determining-paternity/

 

Quote

If the mother is unmarried, the biological father's signing the affidavit on the back of the birth certificate does not make him the legal father. Such a designation requires court action.

 

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1 hour ago, Kristi said:

The state is Mississippi, she was born there, they lived together as a family there, and child and father are still in the state of Mississippi, she just up and left three days ago and went to Texas to live! Yes he is on the birth certificate and my question is has that established paternity? Or allow him to go get his daughter she is 10 months old!

 

You didn't answer most of the questions I asked, so that doesn't help.

 

That your boyfriend's name is not on the birth certificate does not, by itself, establish paternity.  However, it is often the case that, when a child is born to an unmarried woman, the authorities won't put anyone's name on the birth certificate as the father unless both the mother and father sign acknowledgments of paternity.

 

Rather obviously, dropping off a child with another responsible adult for three days is not abandonment.

 

I strongly suggest your boyfriend consult with a local family law attorney.  Anonymous strangers on the internet cannot provide your boyfriend with a reliable opinion about whether or not he can "legally go get his daughter."

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