How can I helpy daughter get custody of her baby of the police let the baby stay with the fatherwhich is a little 15 yr who smokes marijuana and has a criminal record.

So why did your daughter loose custody in the first place, as it would normally be granted to the mother.
That's what you need to address in front of a judge.

Doesn't sound like this is the whole story, vovalle, and it would not have been the police who awarded custody to the father, it would have been family services and the courts. I would think they carried out an investigation before they let the baby stay someone else and not the mother.

At the same time, I don't know how a fifteen year old boy is caring for a baby. Are his parents involved?

Please tellus more please.

Tick

OK there are no custody papers as of yet but she was living with this boy his sister and his brother in law they called the cops on her and they asked her to leave the apt without here baby

But they called the cops on her and told them they wanted her out of the apt and she had to leave without the baby. When cops got there they asked her to get all her things and get out which they should not have done because that is something civil not criminal.

In that case she needs to go back, with the police if needed, and get her child.
The police will NOT stop her doing this.

Is he the legal father? If so, there is nothing the police will do without a custody order. He has the same rights that she does, and the police can't enforce a custody order that doesn't exist. Without one, he has the right to keep the baby, just like she has the right to take the baby. They can't make him give the baby to her without a court order. You need an attorney.

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Originally Posted by Curlyben

In that case she needs to go back, with the police if needed, and get her child.
The police will NOT stop her doing this.

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I disagree. The police cannot force entry into his home, or turn the baby over to her, without a court order, assuming he is able to document that he is the father.

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Originally Posted by kcomissiong

Is he the legal father? If so, there is nothing the police will do without a custody order. He has the same rights that she does, and the police can't enforce a custody order that doesn't exist. Without one, he has the right to keep the baby, just like she has the right to take the baby. They can't make him give the baby to her without a court order. You need an attorney.

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Exactly.

To help your daughter get a custody order, you should speak to several local attorneys to find one willing to represent her by filing a custody petition. You will probably need to help her with the lawyer's fees.