No you are not. Your continued living arrangements are why this child is in foster care.
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I didn't see anything to indicate that you were the husband in this situation, thus making you family. You are simply the boyfriend that beat the infant of your shack up girlfriend.
Shack up girlfriends are not family and if your girlfriend had any sense, she would have beat the snot out of you before CPS got there for laying a hand on her child.