Grandfather of baby tossed into dumpster by teen mom is fighting for custody

The baby was found in a dumpster in near freezing temperatures

The grandfather of a baby that was abandoned in a dumpster by his teen mother is fighting to take custody of the child.

Video footage captured on Friday afternoon shows Alexis Avila, 18, throwing a trash bag containing the baby into a dumpster in New Mexico.

Despite being a newborn, the baby survived for several hours in 36-degree weather inside the dumpster. A trio of individuals who were combing through the trash stumbled onto the child and called the police for help. The baby still had its umbilical cord attached when it was found.

Ms Avila said she was not aware she was pregnant and panicked after she gave birth, she reportedly told police. She has been charged with attempted murder.

Now, the patrilineal grandfather of the baby is seeking custody. Oscar Astorga, 50, told The Daily Mail that his 16-year-old son Stephen is the child's father. He said his son had no idea that Ms Avila was pregnant, as the couple broke up over the summer.

According to Mr Astorga, his son thought Ms Avila had miscarried, citing texts between the boy and a friend in which they discuss what he believed was a lost pregnancy.

The Astorgas have named the child Saul and hope to raise it in their family.

“Of course we’re trying to get custody. Of course. He is my grandson,” Mr Astorga said. “That’s why we can’t comment on anything because we’re trying to get my grandson.”

Ms Avila's mother, Martha, also spoke to The Daily Mail, asking for forgiveness for her daughter, saying that "everyone makes mistakes”.

She said she also had no idea her daughter was pregnant, calling it "a shock”.

According to a police report, Ms Avila had been sick with stomach pains for a week and went to a doctor to get checked out. She learned on 6 January that she was pregnant, and later gave birth unexpectedly in the bathroom of her home.

She told police she cut the umbilical cord, panicked, and wrapped up the baby. She drove around with the child before dumping him.

“When asking Alexis what she thought would eventually happen to the baby by placing him inside of a plastic bag and dumping him, Alexis remained silent and couldn’t answer. An indication Alexis was well aware the baby would have died as a result,” police wrote in the report.