Establishing custody of unborn baby if mother is in jail

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emmacide

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My husbands ex girlfriend is 8 months pregnant and in jail in CA, W live in WA. She has asked us to take the baby when it is born, My husband and I obviously agreed, and would be raising the baby until she gets out and then would arrange shared custody. She has also considered giving custody to her friend. Obviously my husband and I don't want the baby with a stranger.

Now her mother (baby's maternal grandma) wants to get legal custody of the baby as soon as hes born. Her mother is her only immediate family and has an undocumented history of physically abusing his ex, drug use, and other mental problems, she is basically a nutcase and his ex wants her to have nothing to do with the baby.

My question is does she get to decide who gets custody of the baby or can her mom actually take him because she is the next blood relative? Can the mom give custdy to her friend if she wants to? Does my husband automatically get custody since he is the father? Since they were never married we don't know if he has to establish paternity or if his name automatically goes on the birth certificate. We plan on flying there immediately when she goes into labor but since she's incarcerated he wont be allowed in the room at all, and I don't know if they will give him the birth certificate to sign or how it works.

I there anything legally my husband and I could do? She has asked the jail and they are not giving her any information or resources on how this works. We have been searching to find out the legal process and can't find any information either. Any advice would be appreciated
 
Your husband needs to petition for custody. Paternity will have to be established. The child will be a ward of the state and its important to find out who the case worker is and keep in contact. Since you are out of state though, it is going to be harder to do this and they may prefer grandma.

the state the baby is born in will have jurisdiction. Does that state have a presumtive fathers registery? Your husband will need to establish paternity before he has any rights.
 
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