[hannah7562]

My older sister went to jail because of her p.o. My mother and me have raised my sisters baby since the day she was born 4years ago,she went to jail 2 weeks ago,now the child father is trying to keep the baby away from my whole family I'm only 18 and I've raised a baby that Wasn't mine... He's never been there for the child never paid for anything in 4years he never wanted to see her never anything he always said that's NOT his baby and he doesn't want NOTHING TO do with the child. Now that my sister went to jail he's trying to rip my family apart I need help and I don't know what to do.does he have the right? He's NOT on the because never on child support. I just want my baby back home where I know she's safe and sound please help me get her back? Idc what it takes or how much money it will cost I just want her home were she's always been!

[JudyKayTee]

I have no idea where you are and it matters but in general:

Is there proof he is the father? If there is no DNA evidence then he has no right to take the child. What does "he NOT on the because never on child support" mean? Words appear to be missing.

He is a legal stranger to the child.

How did he get the child? You handed her over to him?

How long is your sister going to be in jail? Did she give you guardianship papers before she was taken to jail?

We need more info in order to correctly answer your question.

[hannah7562]

Sorry I was on my phone, but I live in South Carolina and my sister lives in Georgia we let the baby go see the mother who lived in ga for a week or so and in that time she went to jail I was 6 hours away so I couldn't get there in time so the father had to come get the baby we have had the DNA test done he is the father but he did not want to sign the because the baby has my last name and everything she's always lived with us.. the night the father got the baby he changed his mind so he says now we can't talk to her he says he has all the right he can and will take the baby from us and do anything in his power to keep her away from us. We are not sure how long she will be in jail.maybe a year if that.I don't think she gave anybody guardianship? No one handed her over the cops made my sister give the child to him. Hell I'm shocked he went to go get her. That's the first thing he's done for that baby.he used to beat my sister till she couldn't move, me and my mother didn't have full rights because my sister just handed her over to us and just let us have her so there was never a need to go to court about it.but now we are stuck and don't know what to do I just want my baby back.

[hannah7562]

And another thing kira the baby has never really met her dad so she doesn't really know who she's with and he has videos and songs on YouTube talking about killing drugs sexs money all that nasty stuff

[kcomissiong]

Well without any guardianship in place from your sister, you may be out of luck here. He is her father, and you, at this point, have no legal right to custody. Is there isn't a support order in place, he isn't required to pay anything. (morally of course, he should, but there is no legal recourse) There is nothing police will do without a court order. Without a custody order, he has the same custody rights that your sister has. If he has stepped in when he was needed and is now taking care of his child, I doubt that a court will give you custody without proof that he is a danger to the child. I think that the best thing you can do is to work with him to make sure that your niece has a stable home environment and continues to receive your love and support. If you can prove that he is a danger to her, then you need to take your information to both the department of social serices and police.

[JudyKayTee]

I don't see a good outcome for you - did your sister report the abuse so that there is PROOF that he is abusive and possibly dangerous to the child? He is the father, tests proved that, and his legal rights to the child come before yours. Even if your sister had given you custody he could still take the child - unless you can prove he's a danger.

He's the legal father so the Police will NOT step in.

Agree with my colleague - you need to go to whatever agency protects children in your area.

If and when you go to Court be very careful not to call the child "your baby" or "your child." She is not your child. You are a relative interested in her well being.

Did you post how long your sister will be in jail? When she gets out she can go to Court and request that custody be given to her BUT she will have a problem because she apparently has allowed you (and your mother) to raise the child pretty much without her and, of course, she has a criminal history. I don't know if he does or not.

I know your only concern is the child - have you consulted with an Attorney in your area?

Keep in mind that you are stating that the father is dangerous but you still allowed him to take the child. That is an obstacle you will have to overcome.