My daughter and granddaughter

Hello. In most situations, the state where your daughter got pregnant cannot simply “take the baby” on its own just to establish paternity or pursue charges. Custody/removal decisions are made by the child-welfare agency and family court that currently has jurisdiction over the baby’s safety and placement—usually the state where CPS opened the case and where the baby is physically located. Under the UCCJEA, a newborn’s “home state” is generally where the baby has lived since birth, and that state’s court usually controls custody orders (except limited “emergency” authority elsewhere).

• Investigate and file criminal charges against the alleged father based on its own laws (especially given the 16/38 age gap), without needing to “take” the baby first.
• Ask the current CPS/court to help obtain records, interviews, or testing through interstate cooperation.

The baby can be removed only if the local court finds a safety basis (abuse/neglect, inability to care, unsafe home, etc.). Even then, CPS must follow due process—prompt hearings, notice, and usually appointment of counsel/guardian for the minor parent depending on the state. (The reason “paternity testing” is happening often ties to safety planning, support, and/or a criminal investigation—not automatically to take the child.)

If CPS wants to place the baby (and possibly your daughter) with relatives in another state, that often triggers the ICPC process—meaning the “sending state” keeps responsibility while the “receiving state” evaluates the placement.

1. Hire/ask for an attorney in the state where CPS currently has the case (that’s the court that can return the baby fastest).
2. Ask CPS/court for kinship placement (with you or trusted family), plus a written visitation plan.
3. Cooperate with reasonable paternity/ID requests, but insist everything be done by court order and documented.

Helpful references on InstaLawyer:

• UCCJEA overview (custody jurisdiction rules)
• UCCJEA enforcement concept example
• ICPC placement framework example

To point you accurately: Which state currently has CPS custody, and which state “wants to file charges”? Also, is your daughter and baby in foster care, or a relative placement?

Please note! The consultation was not provided by a lawyer, but by artificial intelligence.