What legal rights does mother have regarding bringing her baby where she wants?

[gusarw]

My jurisdiction is: New Jersey, U.S.A.

Place: New Jersey, USA. A newborn boy (Jan. 1) with her mother is in a hospital, ready to go home tomorrow. Boy's Mother is in good relationship with Boy's father - V. Mother is legally married to another man - her legal husband. Husband wants to take child to his home claiming he is father and he has the right to take child (from hospital) and says he will call the Police if mother will bring newborn baby to where she lives with V. (Marriage with husband is maintained for husband's visa purposes so he could stay in the United States as mother's visa-dependent husband.) Mother is shocked by sudden husband's interest in child and his menace to take the child. What legal rights does mother have regarding bringing her baby where she wants and living where she desires, especially after discharge from hospital? How can she take the child home and avoid stress and shame of police appearance if husband will call the police? What policeman will/can do if called? PLease help.

 

[irish223]

V is the legal father of the child, so he has the same rights as the mother.

If he calls the police, they may not even respond. There isn't much they can do.

The boyfriend will have to go to court to establish his paternity of the child. He should do that as soon as possible (Monday!)

 

[gusarw]

No, V is actual father and boyfriend with whom mother lives and wants raise the child, while Husband is legally married with mother.
They separated 2 years ago, Husband has relationship with other girlfriend(s), but he needed to stay married to mother to maintain his visa and mother agreed to do this for him, and he now suddenly wants to take the child from hospital to his home threatening mother that he will involve the Police to take the child. Mother is stressed and scared to step out off the hospital.
Please help, advice, it's urgent.

 

[irish223]

No, V is actual father and boyfriend with whom mother lives and wants raise the child, while Husband is legally married with mother.
They separated 2 years ago, Husband has relationship with other girlfriend(s), but he needed to stay married to mother to maintain his visa and mother agreed to do this for him, and he now suddenly wants to take the child from hospital to his home threatening mother that he will involve the Police to take the child. Mother is stressed and scared to step out off the hospital.
Please help, advice, it's urgent.

Okay, I misread. V has no rights to the child. The husband is the legal father and has the same rights as mother. The other advice still applies. The police may or may not show up. The police will probably not get involved besides making a report (if that), even if they do show up. Husband can go to court for custody/visitation. Boyfriend can go to court to establish paternity. All the other info is irrelevant since you are still married to your husband. What more can I tell you?

 

[Duranie]

Why does mom insist on staying marries so he can remain a legal resident? That is immigration fraud. as long as mom stays married to him, he is the legal father. Mom should file for divorce for the childs safety. V needs to see an attorney about legally disputing paternity or start googling some laws. If mom does not divorce this man or paternity does not get legally challenged, she is stuck. V needs to see an attorney now.