[John4567]

And she told the woman to take care of her... The woman then just called me and asked me to sign all of my rights over to her. I have DNA proof that she is my daughter but we haven't we to court about custody yet.. But I know I have rights to my daughter, but do I have the right to go to that woman's house to get my daughter

[cdad]

You can try. But if you have no legal proof you may get denied. If they call the mother and ask her to verify and she lies then your going to end up with the child later anyway.

[ScottGem]

Not yet. If you are not on the birth certificate, you actually have NO rights until a court rules otherwise. So you need to go to court to establish yourself as the legal father with custody.

Here is where this gets interesting. This woman has no rights either. She legally can't even take your daughter to the doctor (I'm assuming she is an infant) since she can't authorize medical care. What I would do is ask this woman to make the request that you sign over your rights in writing, or at least in an e-mail. CA prohibits recording a phone conversation without informing all parties.

Then file for an emergency custody hearing stating the mother abandoned the child in this woman's care and you want full immediate custody so you can ensure she is cared for properly.

This woman doesn't know the law because you can't just sign over your rights even if you wanted to. But it will go a lot easier for you to get custody if you show the mother left her in this woman's care permanently. Otherwise, as soon as you file for custody she can give your daughter back to the mother and it will be harder for you to get custody.

It would be best if you retain an attorney, but you need to act quickly for your daughter's sake.

[John4567]

Not yet. If you are not on the birth certificate, you actually have NO rights until a court rules otherwise. So you need to go to court to establish yourself as the legal father with custody.

Here is where this gets interesting. This woman has no rights either. She legally can't even take your daughter to the doctor (I'm assuming she is an infant) since she can't authorize medical care. What I would do is ask this woman to make the request that you sign over your rights in writing, or at least in an e-mail. CA prohibits recording a phone conversation without informing all parties.

Then file for an emergency custody hearing stating the mother abandoned the child in this woman's care and you want full immediate custody so you can ensure she is cared for properly.

This woman doesn't know the law because you can't just sign over your rights even if you wanted to. But it will go a lot easier for you to get custody if you show the mother left her in this woman's care permanently. Otherwise, as soon as you file for custody she can give your daughter back to the mother and it will be harder for you to get custody.

It would be best if you retain an attorney, but you need to act quickly for your daughter's sake.

See the thing about it is my ex took her across state lines.. And dropped her off... They can't do anything in the state In which my daughter is in because neither my ex or myself live in that state and I have to hire a lawer just to file for custody.. You want to here a real kicker the woman she dropped her off with is a known junkie

What kind of world do we live in where a crack head who isn't the child's parent can have my baby but I have to spend months trying to get my daughter back.. I mean who knows what's doing on in that house

I have to go to court in a few months so hopefully everything works out

[ScottGem]

I would not wait a few months. I would file for an emergency custody hearing to get yourself setup as the custodial parent at least until a court can sort it out. Then I would take that order and go pick up your daughter. If this woman calls the police you present your court and tell them this woman has no right to your child.

As you said, who knows what is going on and you need to move before the child is hurt.

[AK lawyer]

See the thing about it is my ex took her across state lines.. And dropped her off... They can't do anything in the state In which my daughter is in because neither my ex or myself live in that state and I have to hire a lawer just to file for custody. ...

File in your own state.

If you get an emergency order from your home state, and if need be, the order can be enforced in the other state where you daughter is now.

What states are we talking about, by the way?

[ScottGem]

So what is happening with your situation? Have you filed for custody?

P.S. I moved your friend's issue to its own thread.