Thank you for the additional information. The 6 months he is referring to is the time in which the child would need to have lived with him, for the court to have jurisdiction over the matter, if he decided to proceed through the court, under the Uniform Child Custody
Jurisdiction and Enforcement Act. The advantage which your niece has is that there has not been any type of court order imposed, giving custody/control to either the mother or the father. Moreover, the father voluntarily returned the child to the mother and he is no longer living in Delaware. Absent a court order, she does not have to turn the child over to him. He would need to proceed through the court and establish paternity
, then have it ordered by the Judge, that he be awarded sole custody
of the child and allowed to relocate out of the country with him. Your niece does not have to sign anything related to the passport if she does not want to and if he takes the child out of the country, he can face criminal charges for kidnapping and if his wife forges the signature, can face criminal prosecution as well. Right now, the father has NOTHING which says he has a legal right to the child or is even the father. If he shows up, she can call the police and have them remove him. He certainly can present a valid argument to the court as a result of the child living with him for 6 months and going to school, asking for the court to hear the matter but until that is done and an order is signed, he really has no ground to stand on.
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