Can I obtain custody of my premature daughter prior to her leaving the hospital due to lack of stability of the mother?

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Can I obtain custody of my premature daughter prior to her leaving the hospital due to lack of stability of the mother?

I simply want my child to live with me when she is released from the hospital. Me and the mother were never married but can’t get along on where she will stay. we are both 19 year old college students and not currently enrolled. I live with my mother, whom has had a stable place, while the mother has not had a stable home in a long time. She doesn’t have a job or anything to offer the child. Her parents do not own homes,cars, or even have jobs. She is trying to make my child live with a friend of hers that she is trying to stay with and I do not want that. I can give her stability.

Asked on August 29, 2012 under Family Law, Mississippi

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you want to make sure that your child is provided for in a stable environment, file a custody suit and ask for temporary orders which give you the right to set the residence of the child.  Work with a family law attorney to develop a plan and presentment of that plan to the court so that they will know that your environment will be best for the child.  If she has no plans to actually take care of the child, then this will be your best opportunity to seek custody as some courts are reluctant to remove such a small child from the care of it's mother.  At the very least, the court will set parameters on what it expects of her as a mother.  If she does not fulfill the obligations set by the court, then you will have an opportunity to amend the orders laters based on her failure to comply with the court's orders.


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