Can I Keep Custody of My Fiancée's Child While She's in Jail, Against Father's Wishes

[Mr. Knowitall]

I don't necessarily agree that dad can just come and take him. Dad currently has no custodial rights and mom did grant (although not legally) temporary custody to you. The only way that dad could just come and take him is if dad convinced the cops to attempt to force you to release the child, and the cops might very well decline to get involved since dad has no custodial rights. They might consider it a civil matter and tell dad to take it to court.

The police aren't going to investigate the case history. If the fiancé agrees that the person requesting the child is the child's father, and cannot point to a legal reason (protective order, order of guardianship, etc.) why dad can be refused custody, I would expect the police to tell the fiancé to give the child to his father.

If the fiancé wants legal rights, he should consider seeking guardianship. He should do that soon, not after Dad shows up with the police or files a court action of his own. The factors ksmom indicates could be raised in guardianship proceedings, but you're right that they have little relevance to a situation in which a dad requests that a third party turn over his child, even if the child was left with the third party by mom.

[llworking]

The police aren't going to investigate the case history. If the fiancé agrees that the person requesting the child is the child's father, and cannot point to a legal reason (protective order, order of guardianship, etc.) why dad can be refused custody, I would expect the police to tell the fiancé to give the child to his father.

If the fiancé wants legal rights, he should consider seeking guardianship. He should do that soon, not after Dad shows up with the police or files a court action of his own. The factors ksmom indicates could be raised in guardianship proceedings, but you're right that they have little relevance to a situation in which a dad requests that a third party turn over his child, even if the child was left with the third party by mom.

It could happen that way...or it could happen that OP shows them the notarized piece of paper from mom granting him temporary custody, and the police decide that its a civil matter and that dad has to take it to court.

There really is no definiative way to say for sure what the police will or won't do. There are situations where it seems certain that the police SHOULD act in regards to family law matters, and the police refuse to do so, and then there are circumstances where it seems clear that the police SHOULD NOT act, and they do...and every possible combo in between.

[Mr. Knowitall]

Sure, the police may give undue credence to a worthless piece of paper. I wouldn't take the bet, but it could happen.

If the fiancé wants to establish custody rights, he should explore guardianship. If he does not want to formalize his rights, he had best prepare for the possibility that the father will take his child back.

[llworking]

Sure, the police may give undue credence to a worthless piece of paper. I wouldn't take the bet, but it could happen.

If the fiancé wants to establish custody rights, he should explore guardianship. If he does not want to formalize his rights, he had best prepare for the possibility that the father will take his child back.

I don't disagree with this at all and I have said that. However, I don't think its very likely that he would suceed at formalizing guardianship. He would have to serve dad, and dad will object. The only difference between what you are saying and what I am saying is that I know its not a slam dunk that the police will intercede. Therefore if dad doesn't take things to court on an emergency basis there is a slight chance that things could be delayed until mom gets out and therefore making it between mom and dad, rather than legal stranger and dad.