Legal Question in Family Law in California
My sister is in jail and had a baby, is married but her husband isnt the father, and she wanted to give the baby to our mom but the hospital made her put her husbands last name even if hes not the biological dad. what can be done to take the baby out of their hands? since they are no blood relative to my nephew.
2 Answers from Attorneys
First, the hospital has no right to enforce any names, last name or first. Where is the baby? Does the husband want custody of this child? If not, your family will have physical custody while mother is in jail.
Unfortunately Mr. Tuann is not quite accurate in his response. It sounds like your family may have to do either a guardianship or a Petition for adoption. The biological father may also file his own petition. You very much need to speak with an attorney well versed in guardianships and paternity issues. If you have further questions, feel free to give my office a call.
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