[mama2one]

Hello All! I am a frequent lurker on the boards but rarely post, but this time I actually have a question I feel someone may be able to answer. My BIL has bad taste with women, unfortunately. However, his last "girlfriend" delivered a son in July. She wasn't sure if the child was BIL's or not. He paid for dna and just found out he is the proud father of a beautiful 4month old. Question is, the mom is in jail, has previously lost 3 children to the state, the state had a hearing yesterday and granted temporary custody to my BIL. What exactly does this mean? He is the father, proven by dna, is overjoyed and excited, etc. Why temporary custody? As I said, she has previously lost 3 children and is currently in jail on drug charges. How does this work?

[Withay]

How soon after the baby's birth did your bil attempt to prove paternity? If he has done this, in say, the last month the state may look upon it as though he had 3 prior months to have it done. If something like that is the case then the state will most likely do a background check to make sure that your bil is ready, and prepared, to parent this child. They are just looking out for the welfare of the wee one.

[ranoutofnames]

He probably got temporary "residential" custody since he's the bparent. We had something like that happen with a foster child. The bmom was the person raising the child when she had to serve jail time. The 4 months baby came into emergency care while the bdad was contacted. The judge gave him temporary residential custody. Before bmom could get custody back she had to show she was fit to take residential custody back.

My co-worker had to do something similar when his wife started using substances while pregnant. He actually got temporary residential custody before the baby was even born so that the day she was born he could leave with the baby. I didn't think you could get custody of an unborn child but he showed me his paperwork and it was signed by the courts two weeks before his daughter was born.

In both of these cases the temporary status kept the issue before the courts and it gave the bdad and his attorney the time to prepare a case to show the bmom was unfit as a parent.

Not sure if this exactly fits your scenario but throwing it out.