Can a father take a child away from mother with no custody agreement in affect?

Answer 1

It depends on marital status, whether there are any outstanding court orders, and if not married whether the father ever established his paternity. It is a complicated situation. Even if the father has not established his paternity he could request a restraining order to prevent the mother from leaving until he does. Then he can request custody and/or a visitation order.

Even if the mother has custody she cannot interfere with the father's visitation rights. Se would need his permission to move and if doesn't agree she would need to seek the court's permission.

Answer 2

This varies from state to state.

In most cases if a parent has Sole Custody, then yes.

In most cases if a parent has Joint Custody, and is during visitation, then yes unless the terms of custody prohibit it.

In most cases if a parent only has visitation rights, then the child may not leave the state. Some states also vary this based on the visitation length. Some restrict out-of-state travel for weekend only visitations while some have no restriction on week long or greater visitation windows.

As far as I can tell, states assess flight risk and the fact that the state is comfortable in granting lengthly visitations (greater then a week) they find a state-to-state flight low risk. In the United States, due to the nature of how the states interact, fleeing to another state doesn't really afford anything (where as a flight to Another Country may).

In the case of leaving the country, in most cases, both parents must consent.

Answer 3

For single fathers, with the exception of Arizona, no he can't as he has no legal right to the child. If the parents are married, but separated, than he has equal claim on the child, but this would not prevent the circumstance of the mother filing a parental kidnapping complaint. Male police officers are unlikely to ask for evidence that she actually has legal custody, before arresting the father and returning the children to her. By the time he gets out, she can have a restraining order on him.

Answer 4

If the child has a legal guardian that implies the father has lost his parental rights. The legal guardian does not need to father's permission to do anything. Generally, as long as there is no court order preventing the guardian from traveling out of state then it would be allowed.

The situation may change if the father has visitation rights or if the move out of state is to be permanent.

If the child has a legal guardian that implies the father has lost his parental rights. The legal guardian does not need to father's permission to do anything. Generally, as long as there is no court order preventing the guardian from traveling out of state then it would be allowed.

The situation may change if the father has visitation rights or if the move out of state is to be permanent.

If the child has a legal guardian that implies the father has lost his parental rights. The legal guardian does not need to father's permission to do anything. Generally, as long as there is no court order preventing the guardian from traveling out of state then it would be allowed.

The situation may change if the father has visitation rights or if the move out of state is to be permanent.

If the child has a legal guardian that implies the father has lost his parental rights. The legal guardian does not need to father's permission to do anything. Generally, as long as there is no court order preventing the guardian from traveling out of state then it would be allowed.

The situation may change if the father has visitation rights or if the move out of state is to be permanent.

Answer 5

If the child has a legal guardian that implies the father has lost his parental rights. The legal guardian does not need to father's permission to do anything. Generally, as long as there is no court order preventing the guardian from traveling out of state then it would be allowed.

The situation may change if the father has visitation rights or if the move out of state is to be permanent.

Answer 6

No. He would have to petition the court for custody and he would have to provide notice to the mother. Also, he would need to provide enough compelling evidence to convince the court that the mother is unfit and the child would be better off with him. It is not easy to convince a court to take custody from a mother although many men threaten to do so just to frighten the mother into being controlled.

To succeed in a petition for sole custody the father would need to provide evidence that the mother is unfit. The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:

• physical, emotional and sexual abuse
• excessive discipline
• failure to protect the child from abuse by others
• failure to report abuse of the child
• neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
• failure to provide proper medical care
• failure to provide day to day parental care
• serious illness or disability
• mental illness
• substance abuse or addiction
• Alcoholism
• criminal activity and/or associations
• incarceration
• conduct or conditions that are seriously detrimental to the child
• abandonment
• child endangerment
• leaving the child unattended or in the care and supervision of a child
• a failure to provide adequate supervision
• unsafe living conditions
• a medical condition that makes it impossible for the parent to adequately care for the child

Answer 7

No, there must be a court order that gives sole custody to the father.

If the mother has full custody, it is called kidnapping.

Answer 8

Generally no but you haven't mentioned marital status, legal custody or existing court orders.

Answer 9

No.

No.

No.

No.

Answer 10

No.