If baby is in the ICU and mother is in rehab, doesn't the father get custody? 2 Answers as of July 11, 2016

He is not married to the child’s mother. She has been sent to rehab for drug addiction while baby is in ICU because of addiction. My nephew is doing DNA. If it shows that he is the father shouldn’t he get placement? Her mother has kicked her out and lives off the system.

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
If he is the father, then he is deemed the 'natural guardian' of the child. But the hospital might not release him to your son without a court's written determination that he is the father. Since he had a DNA test, it sounds like there is a paternity case under way. If he has filed the formal Acknowledgment of Paternity, a copy of that might be enough. Check with the hospital as to their requirements.
Answer Applies to: Wisconsin
Replied: 7/11/2016
Petit & Dommershausen SC
Petit & Dommershausen SC | Tajara Dommershausen
He needs to file an action for paternity to establish he is the father. Then it is likely he will get placement.
Answer Applies to: Wisconsin
Replied: 7/11/2016
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