can my daughter really lose her baby?

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DivineRAiN

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My daughter has a child that is 5 months old out of wedlock. Paternity hasn't been established, but from what I was told, the father, John could take the child and leave state, file for custody, and that isn't kidnapping because she doesn't really have legal custody or guardianship of the child?
The situation with this guy and his family has become explosive, violent..
I'm not one to condone a Mother keeping her child/ren from the Father, but in this situation, I think it's actually better for the child to stay away from this guy and his family.
Monday, my daughter had a hard time getting the baby back from his family. Two of his sisters jumped her, one pulled out a knife and threatened to slice my daughter. About 3 hours before they jumped her, John had shoved my daughter into a hot grill that was being used to cook meat. Luckily she wasn't burned.
And one may wonder why we didn't call the police. We live in Detroit.
Monday night, the father of the baby hid his car, waited for my daughter's boyfriend to come over here, and ended up shooting at her boyfriend. John shot at his feet, no one was shot, thank God.
We called the police, they arrested my daughter's boyfriend instead. They didn't do any investigation, no ballistics test to prove who fired the gun.
John isn't charged with anything. By the time the cops got here, her boyfriend had already taken the gun from John, and already beat him up pretty bad. John looked fine the next morning... bragging and getting backslapped by his friends across the street.
His family called child protective services on my daughter. While the workers were here on Wednesday, they wanted birth dates, and asked for John's birth date... we didn't know it. But I said that I can look on otis and get it. He is currently on parole for a felony, and a list of older felony cases.. breaking into houses/buildings, fleeing from police.. released without improvement. Last October he drove through a wall of a liquor store, and got parole.

His family knows how to finagle the system. Plus I heard bits of a conversation that happened across the street about stripping a Mother of her rights (the woman has a voice that carries all the way to my porch)... so he's getting a lot of help and information on how to play this.
Knowing this family as well as I do, I wouldn't even give them visitation rights, let alone any sort of custody. But, a judge has no idea.
And knowing this family as well as I do, I think my daughter is in danger of actually losing the baby. This family is something else.
His sister pulled a knife on my daughter Monday-- about 2 months ago she stabbed her baby's Father twice. He was in the hospital for quite some time because his injuries were actually serious, he was critical. He didn't press charges. She sliced one of her sisters.. no charges. She stabbed her own Father, no charges. John stabbed their Father.. no charges. Last year their Father was killed by his own brother (John's uncle). The whole family is like this. I didn't want my daughter around them when they were kids growing up, she was stupid to have gotten herself into this situation.. sleeping with him.
His sisters have been on the block all week. I was warned that what they're going to do is talk crap to my daughter when they get the opportunity, set her off, and record her response (going off on them)... as proof she's an unfit Mother.
I don't know what my daughter can do in this situation. Packing up and moving as far away from these people as we possibly can is ideal. But from my understanding, Chris can't go anywhere with the baby while there's an active child protective service case... and that stays open for at least 30 days?
 
My daughter has a child that is 5 months old out of wedlock. Paternity hasn't been established, but from what I was told, the father, John could take the child and leave state, file for custody, and that isn't kidnapping because she doesn't really have legal custody or guardianship of the child?

If the father didn't sign the acknowledgment of paternity, and paternity hasn't been established otherwise, then he is not the legal father and has no rights to the child.

Your daughter has sole custody at this point, and has no obligation to allow visits with the father or his family.

The situation with this guy and his family has become explosive, violent..
I'm not one to condone a Mother keeping her child/ren from the Father, but in this situation, I think it's actually better for the child to stay away from this guy and his family.
Monday, my daughter had a hard time getting the baby back from his family. Two of his sisters jumped her, one pulled out a knife and threatened to slice my daughter. About 3 hours before they jumped her, John had shoved my daughter into a hot grill that was being used to cook meat. Luckily she wasn't burned.
And one may wonder why we didn't call the police.

You should have called the police. Your daughter should avoid the father and his family until he files for paternity establishment.

We live in Detroit.
Monday night, the father of the baby hid his car, waited for my daughter's boyfriend to come over here, and ended up shooting at her boyfriend. John shot at his feet, no one was shot, thank God.
We called the police, they arrested my daughter's boyfriend instead. They didn't do any investigation, no ballistics test to prove who fired the gun.
John isn't charged with anything. By the time the cops got here, her boyfriend had already taken the gun from John, and already beat him up pretty bad. John looked fine the next morning... bragging and getting backslapped by his friends across the street.

Why on earth would the bf engage someone who has fired shots at him? I would be suspicious too. Who gets into a fight with someone holding a gun?

His family called child protective services on my daughter. While the workers were here on Wednesday, they wanted birth dates, and asked for John's birth date... we didn't know it. But I said that I can look on otis and get it. He is currently on parole for a felony, and a list of older felony cases.. breaking into houses/buildings, fleeing from police.. released without improvement. Last October he drove through a wall of a liquor store, and got parole.

None of that is likely to affect his chances of getting a visitation order.

His family knows how to finagle the system. Plus I heard bits of a conversation that happened across the street about stripping a Mother of her rights (the woman has a voice that carries all the way to my porch)... so he's getting a lot of help and information on how to play this.
Knowing this family as well as I do, I wouldn't even give them visitation rights, let alone any sort of custody. But, a judge has no idea.
And knowing this family as well as I do, I think my daughter is in danger of actually losing the baby. This family is something else.
His sister pulled a knife on my daughter Monday-- about 2 months ago she stabbed her baby's Father twice. He was in the hospital for quite some time because his injuries were actually serious, he was critical. He didn't press charges. She sliced one of her sisters.. no charges. She stabbed her own Father, no charges. John stabbed their Father.. no charges. Last year their Father was killed by his own brother (John's uncle). The whole family is like this. I didn't want my daughter around them when they were kids growing up, she was stupid to have gotten herself into this situation.. sleeping with him.

Sounds like none of that can be proven, so it won't matter in court.

His sisters have been on the block all week. I was warned that what they're going to do is talk crap to my daughter when they get the opportunity, set her off, and record her response (going off on them)... as proof she's an unfit Mother.
I don't know what my daughter can do in this situation.

Your daughter should learn to ignore them. If she can't do that, then she should stay in the house and take care of the baby.

Packing up and moving as far away from these people as we possibly can is ideal. But from my understanding, Chris can't go anywhere with the baby while there's an active child protective service case... and that stays open for at least 30 days?

I agree. I don't believe you can move during an open case. However, even if you do move later, the father is entitled to file for paternity establishment and visitation, or even joint custody, and he will likely get it. Your daughter is entitled to file for child support after paternity has been established.

Just to reiterate, the father has NO RIGHTS until paternity is established. Your daughter is not obligated to allow visitation, and considering the problems, she should definitely not communicate with anyone from the family. Also, if the boyfriend's visits are attracting negative attention from the family, then maybe the child's best interests are served by keeping the boyfriend away from your house.
 
Well it sounds like to me the baby is not safe with either mom or dad if you ask me. Have you considered getting guardianship of the child? Mom had a baby with an idiot now she has to deal with him. If paternity is not established I would completely stop communication with dad and his family. You and your daughter need to put your $$ together to get an attorney. Also moms boyfriend has nothing to do with this and since there is an open CPS case, moms boyfriend is probably not going to help anything.

Since paternity has not been established, DAD has no rights at all. Your daughter needs to grow up, get an attorney and keep this child safe. If her boyfriend was arrested for the shooting incident and not baby daddy then there is something that is missing. Your daughter should focus on being a mom and protecting he rbaby. FORGET about her boyfriend right now. She has a whole ton of issues here that come first.
 
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