If my baby’s father took her and won’t let me see her, what can I so?

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If my baby’s father took her and won’t let me see her, what can I so?

My daughter is 4 months old, I’m 18. The baby’s father is 20 he has a history of drinking, drug use, arrests and physical violence. He has taken her and is holding her at his house. She’s a nursing baby and he won’t let me see her. The police say there’s nothing they can do because there’s no legal custody order. Do I have any rights as a mother? What can I do to get my baby back?

Asked on June 16, 2015 under Family Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You'll have to go to court and get an order regarding your daughter's custody. However, if the facts are as you say about your daughter's father i.e. drinking, drugs, etc.), you should have a good chance of getting sole custody. At this point you should speak with a lawyer. If you are tight on money, see if there is a social services agency in your area; they may have a list of resources for you, including obtaining low cost legal help. Also, many state/county bar associations have lists of attorneys who will take such a case for free or very low cost. Finally, see if there is a law school in your area; they run legal clinics that may be able to take on your case for no cost.


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