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My niece says that he intends to come out on the 24th of August to pick him up. She has not received any type of court order. It has all been informal. The father in the beginning had not wanted to be in his life and did not want his name to be on the birth certificate. His name is XXXXX XXXXX the Birth certificate. He has told my niece that when he comes out here to pick him up that she needs to give him up because he had been with him for 6 months already.
I'm sorry I forgot to include that the father is in the military service, Navy. My niece says that she gave temporary guardianship to the father's spouse over the phone. I guess he asked her to do that so the child could go to school in Delaware. I suppose there were other people present, maybe from the school when she did that. Is that even legal? Does my niece have to go thru the military's legal system? Apparently she was told she had to, it is all very confusing. Should she get a restraining order? Should she initiate proceedings for custody?
My niece states that she has been given counsel from an attorney in California and he states that the jurisdiction should be in Delaware because her son has been living and going to school for the last 3 years in that state. My niece has just told me that she only had him on summer holidays and other holidays at that time. Does that change the jurisdiction challenge?
My niece wants to know how to go about finding an attorney in Delaware and if she could get one Pro Bono or low cost. Once she gets an attorney, how long could she get courts docs approved before the August 24th date to serve him.
My niece had her son with her for the first 4 years, then his father had him for the next 3 years not counting holiday and summer visits. What is her chance of getting full custody in this matter? What do you think? He is currently enrolled in school here and has siblings, a half-brother and half-sister here. Thank you for the help you have given.
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