Unlawful custody

Question

Unwed father with no paternity test who is in prison just sentenced to 13 years and when initial arrest happend father and mother sign power of attorney over to Mother of father to release from Child Protection Services because child was with them while arrest happened now the fathers mother will not give back possession of child back to Mother of child. Mother of father some how got temporary guardianship mother of child has out-of-state warrants for traffic misdemeanor mother of child wants her mother to have custody of child not mother of fathers who is not on birth certificate and never has had paternity test was wondering if the mother of the unwed father have any rights to child in first place

Brent T. Geers · Answer

A lot of moving pieces here, but a paternity test is not a requirement for a man to be deemed the legal father to a child...especially if Mom is not claiming some other man is the true father. That said, it's likely - given that CPS was involved - that as part of the POA process, they also have Father and Mother sign an Acknowledgement of Paternity. And since his mom already has custody through the POA, she absolutely has standing to seek guardianship. Mom's mom may contest it - essentially creating a battle between the grandmas. But they - Mom and Father - at some point thought it best to place the child with his mother. CPS deemed that arrangement appropriate.

Q: Unlawful custody