Q: Do I need to file emergency custody to get my grandchild?
My daughter passed away from covid right after having her baby. Baby is premature and was in the nicu. Acknowledgement of paternity was never established with her boyfriend but hospital still released the baby to him. Would I need to file an emergency custody order or temporary custody to get him or is that considered kidnapping? If so, would I go get him with the sheriff's department?
A: You need to ask the court to give you custody. But if, in the court proceeding, he establishes paternity, he might very well be awarded custody.
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