First, if you are on the birth certificate then you are the legal father unless someone challenges it.

Second, as I said earlier, her threats about calling the police are empty. At this point you have just as much right to the child as she does. You are not hiding the child from her, so the police will not get involved.

But you NEED formalize custody. You do not want her harassing you or taking the child. Therefore, you should go to Family court and file for primary physical custody. You do not need an attorney for this, especially since its unlikely she can afford an attorney.

Finally, who told you hospital records indicating the child was born addicted or that your name on the birth certificate means nothing? As long as you are on the birth certificate you are the legal father. And medical testimony that the child was born addicted would certainly have weight in court. In fact, if a baby was born with a drug addiction, the hospital should have been required to report it to family services. And family services would not have allowed the child to be released to an addcited mother. Did you take your child home from the hospital? Was Family Services involved? Do you have a case worker?

Quote:

---

Originally Posted by ScottGem

Finally, who told you hospital records indicating the child was born addicted or that your name on the birth certificate means nothing? As long as you are on the birth certificate you are the legal father. And medical testimony that the child was born addicted would certainly have weight in court. In fact, if a baby was born with a drug addiction, the hospital should have been required to report it to family services. And family services would not have allowed the child to be released to an addcited mother. Did you take your child home from the hospital? Was Family Services involved? Do you have a case worker?

---

Medical records are indeed used in cases like this. I, for one, have to document, document, document every case of birth addiction I encounter. This has been held up in court as a form of pre-birth child abuse and neglect. If it were not for HIPAA laws I could point you to a certain case in point. However, since it is currently in litigation, I cannot.