Family Law Questions? Ask a Family Lawyer Online.
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I am sorry to hear about what you are going though. Can you share with me a little more about the situation and why he was released to this man? Is there any court order in place.
Thank you. As the mother, you do have rights to the child. If DHS closed the case and there is nothing in place at this time preventing you from seeing the child, you can file a motion with the court, asking for visitation or even share custody, if you wanted to. The Judge is always going to act in the best interest of the child, so they will want to make sure any concerns of DHS has been put the rest and there is nothing that calls into question your ability to care for the child, when they are with you. You do not have to give the legal father a penny and can file a motion with the court and visitation can be ordered and he will be forced to comply.
You need to speak with the clerk of court and ask if they have the forms for you to fill out and file, to start the process to request visitation or custody.
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You would need to file where he and the child reside at this time. In the State and county where they are located.