Seeking Custody of an Unborn Child, Mother is Incarcerated

My question involves a child custody case from the State of: New York

My ex girlfriend is pregnant with my son an is due in January. She was previously arrested of sale of narcotics an placed on probation for five years. She didnt show up for four out of five visits an violated her probation. She is being transferred to Bedford hills facility. An wants to keep the baby with her. She has another child which she shares custody with her mom, she was doing suboxone an smoking marijuana while pregnant which is why she didnt attend those visits. How can I get custody? Can I stop her from keeping the kid in jail? What can I do? Please serious answers!!

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Quoting JayBFinest

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My question involves a child custody case from the State of: New York

My ex girlfriend is pregnant with my son an is due in January. She was previously arrested of sale of narcotics an placed on probation for five years. She didnt show up for four out of five visits an violated her probation. She is being transferred to Bedford hills facility. An wants to keep the baby with her. She has another child which she shares custody with her mom, she was doing suboxone an smoking marijuana while pregnant which is why she didnt attend those visits. How can I get custody? Can I stop her from keeping the kid in jail? What can I do? Please serious answers!!

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You won't be able to stop her from keeping the baby for whatever period of time that the prison allows infants to remain with their mothers...at least not without some major legal muscle behind you.

So if I get a lawyer what kind of percentage of a chance do you think I'd have an seems really backwards how my rights are revoked an hers are encouraged even if she's incarcerated

Your rights aren't revoked. You don't HAVE rights to revoke at this point.

Nobody can guess the probability of what may or may not happen.

Well thank you for your honesty it really helps just confuses me how the system works when I've never been in any serious trouble as she's been all over that. But thank you again I guess we'll see what happens when I talk to a lawyer

What happens with unwed parents is different to what happens when two parents are married. Unwed fathers have to go through quite a lot more red tape before they even have standing to file for custody; a father who is married to Mom doesn't have to do this.

Perhaps the biggest question at the moment is how long would Mom be incarcerated?

And is she willing to marry you right now?

Don't make suggestions like that to an emotionally compromised individual. :cool:

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Quoting mmmagique

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And is she willing to marry you right now?

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It was just a thought... :)
I wouldn't want my baby in that environment. :(

You can put your name on the putative father registry.

Case law suggests that a paternity action can be filed before the child is born, although I don't see that expressly in the statutes. You should consider consulting a lawyer about whether it would make sense to file a paternity action, the cost, and what impact that may have on your right to obtain DNA testing.

Odds are if the mother is incarcerated when the child is born, protective services will take action to establish paternity and to evaluate the child's placement. Some correctional facilities can accommodate mothers with newborns, but most cannot - and the ones that can are usually oversubscribed. If the jail cannot accommodate her, or she does not qualify for their program, the child will be placed elsewhere - foster care, or with a relative.

Sorry for the delay on response been alittle hectic around here. To answer that marriage question no that will never happen I can never forgive her for jeopardizing our sons health. I called a lawyer an they said what you said ^ . Sent out paternity papers today. How does one get approved for allowing the baby to stay there? She already has had multiple cases of CPs reports against her. Should I call them to see if they could help me out? Lawyer said I have a chance ultimately it's up to the judge an what he think would be best for that baby.

CPS has been on her backside and you still thought she was good "Mom" material?!

Oy vey.

That aside, Mom should know whether or not it's possible to keep the child there. Bedford Hills has (I believe) the oldest prison nursery/parenting programs in the country. The length of Mom's sentence IS a factor here.

OP, my suggestion of marriage was never about the two of you reconciling. It was about getting rights to your baby as soon as it is born, without having to jump through the many legal hoops you will have to without the benefit of marriage.

Accidents happen an I don't know I'm not the type to go through a marriage in a vindictive way just to get rights. I've spoken to a lawyer an she said if the judge thinks that's a more appropriate home for the baby which it's not an when it comes down to it it will be the judges decision. That's even if she gets approved in the first place to have the baby stay there. Which I'm unsure how it works. But regardless I sent in my paternity papers an I will proceed the route they specified for me hopefully it all works out. I plan on calling Bedford hills an CPS to get some more information as well on the manner

AND

Mary AND I are going to the store.

AN

Mary bought me an apple while we were at the store.

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Quoting mmmagique

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AND

Mary AND I are going to the store.

AN

Mary bought me an apple while we were at the store.

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OMG! Thank you!

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Quoting JayBFinest

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Accidents happen an I don't know I'm not the type to go through a marriage in a vindictive way just to get rights. I've spoken to a lawyer an she said if the judge thinks that's a more appropriate home for the baby which it's not an when it comes down to it it will be the judges decision. That's even if she gets approved in the first place to have the baby stay there. Which I'm unsure how it works. But regardless I sent in my paternity papers an I will proceed the route they specified for me hopefully it all works out. I plan on calling Bedford hills an CPS to get some more information as well on the manner

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You do understand that Bedford Hills likely won't give you any information AT ALL about a "guest" there to whom you have absolutely no legal ties, right? As far as they're concerned, you're just "some guy" claiming to be the father of an unborn baby. Their concern is not about you. At all.

And that CPS can't predict what Bedford Hills is likely to do?

I think you're going into this with blinders on.

Why are you ignoring the question of "How long", by the way?