A teenage who is 17 just had a baby and the father who is 16 is trying to take the newborn who is 5 days old.Can he do that

I do not know about the laws in your country but usually the mother gets to keep the child until the child is ready to choose or until he/she becomes sixteen. Besides the baby is very young and it needs to be with the mother.

So many issues, is the father listed on the birth certificate, if yes, he can legally have the child in his custody and the mother will have to go to court to get the child.

Assuming they are not living together, the mother needs to get a custody order though the courts.

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Originally Posted by chocodrip

I do not know about the laws in your country but usually the mother gets to keep the child untill the child is ready to choose or untill he/she becomes sixteen. Besides the baby is very young and it needs to be with the mother.

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This may be the law in India where you are from, but its not generally the case. Also since this is the law forum, answers here should conform the statutory law, not emotion.

While most courts, worldwide, do give some preference to the mother and an infant, especially if breast feeding, its not a given.

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Originally Posted by muffy33

A teenage who is 17 just had a baby and the father who is 16 is trying to take the newborn who is 5 days old.Can he do that

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The father can't just "take" the baby. But there is too much information left out to give an accurate answer here. The biggest key is whether the father is on the birth certificate. If he is then he currently has equal rights to the child. So if the mother lets him have the child for a visit he may not give it back, forcing the mother to go to court.

The mother needs to go to court to establish custody and child support.