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1 - 7 of 7 Comments Last updated Mar 21, 2013
Patricia

London, KY

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#1
Mar 18, 2013
 
I know this isn't a lawyers Q & A. But here goes anyway. Hypothetically if a 16 year old girl has a baby while still living with her parents and the 19 year old father and the mother gets into a argument or the mother has to go into the hospital for surgery can the father just walk in and take the baby and leave with her and the mothers parents can't stop it? Would it make any difference if the fathers name is or is not on the birth certificate?
upset

Mckee, KY

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#2
Mar 18, 2013
 
I am not 100% on this but what was told to me in a similar situation until rights have been established both parents have equal rights if his name is on the birth certificate. If his name isn't on the birth certificate he has no rights until he establishes DNA and it goes through court. I hope this helps out. If their is no visitation set up don't answer the door! If they harass you call the police.
Another Mother

Lexington, KY

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#3
Mar 18, 2013
 
If the father is not listed on the birth certificate and there is not any type of order pertaining to visitation rights or paternity, then no! That would be considered kidnapping and I would report this matter! If you are the grandmother who is taking care of the child while the mother is hospitalized then you need to report the incident and have an officer assist you in getting the child back immediately! I would call the police dept and discuss this with them.
Another Mother

Lexington, KY

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#4
Mar 18, 2013
 
It is different if paternity is established and the father is listed on the birth certificate though. Then it would be a domestic matter and you/the child's mother would need to obtain a court order. If this is the case I would contact an attorney asap.
complains

Manchester, KY

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#5
Mar 20, 2013
 
the parents could be considered Guardians of the minor teen and her child
complains

Manchester, KY

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#6
Mar 20, 2013
 
oh and he should be in jail for statutory rape shes 16! so that means she was probably 15 when she got pregnant thats not the age of consent so the "father" may be in jeopardy of going to jail
well

Hazard, KY

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#7
Mar 21, 2013
 
Patricia wrote:
I know this isn't a lawyers Q & A. But here goes anyway. Hypothetically if a 16 year old girl has a baby while still living with her parents and the 19 year old father and the mother gets into a argument or the mother has to go into the hospital for surgery can the father just walk in and take the baby and leave with her and the mothers parents can't stop it? Would it make any difference if the fathers name is or is not on the birth certificate?
actually the young girls parents have custody of her and and is a gurdian over the baby because she is under 18 unless she has to court to become a adult herself then the parents are not liable for her or the child but if not then her parents are there gurdians no matter if his name is is on the certifate or not i had some friends go thru this recently and thats what the judge told the young man in that case because he was 22 and she was only 16 turnin 17 within a few months and the judge said she would have to be emancipated/ not sure if thats spelled correctley hope this helps

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