OK, here is the question, no custody papers, baby is only 3 months old, beenwith the mother the entire time, father claims he was not the father and requested a dna test, that is still pending. Fast forward family issues and other custodial issues got the mother detained overnight and the deputy gave the baby to this guy who claims NOW HE MAY BE THE FATHER>.. the sheriffs will not assist is retreiving the baby, the mother by the way indicated when they were taking her that she did not want him to have the baby, since he had been denying paternity the entire pregnancy and after the birth. What can you do?? The sheriff indicated that this is a civil matter... how is it that our laws allow this to happen. Icould understand if he was always claiming to be the father and wanted to take responsibility for the baby but never not one diaper one bottle, dr. visit dr. bill hospital nothing and now he can just keep the baby from his mother who by the way is still nursing?? It seems like a bad dream to me that this is happening.

Were the parents ever married?

If the man and women never married, no, this can not happen
Have you went and seen the actual sheriff not a officer at the desk.
Have you filed a written complaint,
Have you called local newspapers and TV and told them about the police giving baby to a man with no legal relationship

You have mother to file for an emergancy hearing in court, demanding the man return the baby to the parent

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If the man and women never married, no, this can not happen

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Actually it can happen. As of now he is the presumed father until the DNA results come in.

Did the mother list him as the father on the birth certificate? How did the police find out about him to give the child to him?

There are gaps in this story that need to be filled in. Why exactly was the mother detained? Under what circumstances? But the bottom line is the police apparently had a choice. Place the child with social services in an institution or put the child in the care of someone saying he was the father. Would the mother have preferred an institution?

Apparently there is a pending case for custody. What is the status of that case? Why hasn't the mother gone to that court and asked that the baby be returned to her? Again a lot of unanswered questions.

You rail on about how the laws allow this to happen. But you don't tell us what the mother has done to establish legal custody. And what is your relationship to the mother?