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Attorney & Mediator
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Category: Family Law
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I have a 16 year old daughter who has a 2 year old child.

Resolved Question:

I have a 16 year old daughter who has a 2 year old child. The father of the baby is 23. Recently against my wishes she left home to go live with him and his mother. When things didn''t work out like she tought they would, she tried to leave and take her daughter with her the father of the baby called the police and they told my daughter "this is a custody matter and he has just as much right to that baby as you do and made her leave without the baby. What are her rights now.
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
Is the father's name on the birth certificate?

There are no court orders is that correct?

Customer: replied 9 years ago.
Reply to LawNinvest's Post: The fathers name is XXXXX XXXXX the birth certificate. There are no court orders.
Expert:  Attorney & Mediator replied 9 years ago.
Thank you for your reply.

In an unmarried situation the father has no legal rights whatsoever. The mother is considered to have sole legal rights. The father should not have custody of the child because he is not legally considered the father. Not sure if this was told to the police, she might need to return to the police with the birth certificate to show them that he is not the legal father. In general, the police does not like to get involved in custody issues, as these are civil matters; not criminal, but the fact remains that for all intensive purposes he is not named the father under the birth certificate.

Your daughter need to go back to the police with the birth certificate.

If the police continue to refuse to help, then she needs to file a petition for custody.

In fact, in Mississppi (which you can read here), court action is required to establish paternity. If this has never been done in your daughter's case, then the father is absolutely not the father in the eyes of the court until he is declared the father in a paternity test and he has no custody rights until then.

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