Should he get CPS involved?

[heartbrokenparents]

Hello,

I told my brother who is 22 that I would write here for him. Open to any advice to what he should do.

Before I start, I would like to thank all who helped us over a year ago with great advice. We have been CPS free for over a year now. x x the fingers.

Now on with the story...

My brother who had a past girlfriend had gotten his ex-girlfriend pregnant. She is due to have the child in a couple of weeks. She had told several people that it is his and has told him as well. Well for the past months she has had no communication with him, etc.. He has tried to communicate with her and try to be part of this pregnancy. She continues to ignore him. Anyway just a few days ago, he received word that she is planning to give the child to someone in another county once the child is born. My brother was not supposed to know this, but it's a small town; word gets around. Anyway he wants to be part this child, if it is his.

How would he go about getting a paternity test done before the child is adopted out? He called CPS and the lady said she only dealt with the elderly and gave him the hot line number which was the wrong #. He mentioned to her that she might be selling the child. The worker was not interested and told him to get an attorney.

So here , in Montana I guess you can sell your child and CPS does not care!

Anyway, he DOES NOT HAVE THE FUNDS FOR AN ATTORNEY... He makes enough to have a nice home and he does work! He needs to know his rights. There has to be something he can do.

A mother has no legal right to give the child away without the father knowing, especially if the father wants to be a part of the child's life.

It is also beleived the mother is on TANF (welfare).

Any advice would be helpful...

[good dad]

He should contact "Child support"... They may not be the right ones, but believe me, they'll know how to get a paternity test done and what steps to he needs to take......and the paper trail will begin..

[Frustrated]

I am not sure but in order to "sale" your baby for Adoptions, they are required to put down the Father's name like those of Birth Certificate. By law, you are not supposed to leave it blank. You must register the Father's name, whether it is fable or true name.

To get involved with the child's life, he needs to get an attorney in order to object that he is the Father to the Child given if he passed the paternity test. He needs to go to Court. I think he can try Pro Bono Attorney for free.
I think that is the only way to raise objection for preventing her to put the baby up for Adoptions is the way to get this case involved in Court. Then the Adoption procedure won't go forward if the Father were to object and wants to be involved in the childs' Life.

He can always call the Attorney for 30 minutes free Consultation to find out what his chances are to win the custody of the Child.

[ldsmama5]

I know that there are alot of fathers rights advocacy sites. I think one is fathersrights.org. Anyhow google it and you will be able to find an attourney to help and usually through these organizations they can help with costs or have it done probono. He also can file with family court for an order for paternity as soon as she gives birth. I know this can be done because my sisters ex did it. Really made it easy as they took blood right when they do all the other testing before beign released from the hosptial.
Also she can give the baby up for adoption she doesn't have to name a father. She can say unknown as many women have done in the past and there is nothing against it. Also keep in mind that while doing this he can be ordered to pay half of the hospital bills, clinic visits, maternity clothes, and any other maternity related things. She could also be the type then to keep the baby and make him pay child support which she is intitled to if she chooses.
Another thing I would consider if she just doesn't want the child then he can file for full custody and ask if she wants to give up her rights. This can be a great option. If she doesn't go for this then you know it wasn't about the baby it was about the money. That is a totally different issue.
First things first I would recommend he send her a certified letter stating his intentions and rights under the law. Nothing threatening but facts. Also put in there a date to comply to an agreement about the child in mediation. Many communities have free mediation services. I would also get all the ducks in the row right now reguarding anything effecting the ability to raise a child. Do not take this to CPS but have this be a civil matter. Also I would contact immigration. They might have information on the transporting of children accross borders and he can put a stop to it all. He also needs to find out what company she is dealing with because the sale of children is illegal but the adoption of children is not but if he interviens with the company then they will include him in it all. The burden of proof will be on her to prove he isnt the father because most men wouldn't inervien and stand up. The thing with that is that with him there they cannot adopt. If they do it is illegal and report it to the state adoption board. many states have that.

HTH

[Jessie's Aunt]

Your brother should check and see whether Montana has a Putative Father Registry where he can declare that he believes himself to be the father. Once declared, the ex-girlfriend will have to prove that he's not the father or get his consent if she wants to place the baby for adoption.

[Momoffor]

That isnt a CPS at all. Its a custody issue.

But what LDS and Jessie said. He needs to establish paternity. Legal aid might help as well. Fatherrights is an excellent place to start however. They have a great website that can point him in the right direction to start so he can get the ball rolling for paternity tests to be ordered upon birth.

Most states, even if the mother states she doesnt know who the father is still require that a search be made before an adoption is finalized.

A friend of mine in NM adopted a baby and the mother claimed she didnt know who the father was. She had to take out an ad for one year in the newspaper looking for this man. It read something along the lines of I am looking for X man that I had relations with on or about X date and if you think you may be this person please contact X. Humiliating for the woman I am sure, and difficult on my friend as she knew for that one year timeline a father might step up to the plate.

[heartbrokenparents]

My brother just phoned me and said he found out today that the baby was born approx. 5 days ago, and the mother left the hospital without the baby...

What should he do...???

Need advice!!!!