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Can a father take a child and keep it from the mother when no one has custody?
Wiki User
∙ 12y ago
Do it the legal way and have her served. You will need to file the proper custody paperwork at the courthouse, then wait until she is served. Once she has been served, take the children legally. Get a lawyer and be prepared for a fight.
Yes. Until a custody order has been issued by the court both parents have full rights to their biological child/children. The other parent must be notified of the child's/children's whereabouts and be allowed reasonable visitation. Likewise, as noted, in Washington state the filing of a parenting plan is usually required. As long as the proper procedures are followed the court will not look unfavorably upon either parent. However, it is not in the child's/children's best interest to be removed from the family home unless the circumstances are such that their well-being is in jeopardy.Wiki User
∙ 11y ago
Wiki User
∙ 11y agoIf there was a legal divorce and division of marital property, the custody of the child(ren) MUST have been addressed in the divorce action. Check your divorce papers carefully. If it somehow happened that it was not addressed at the time of divorce, and you do not wish the father to have custody, you can go back to court and re-open the child custody portion of divorce proceedings, and a judge will make a determination as to who is the more 'fit' parent for primary custody.
As long as the parenting plan is filed, yes. But, there are far more issues to be addressed if the father is not married to the mother. see linkWiki User
∙ 13y agoIf the child goes to live with a non custodial parent, then the non custodial parent has custody.
If you are asking about legal custody, the non custodial parent would have to petition the courts to change the custody order.
Wiki User
∙ 17y agoNo he can't. If neither parent has custody then the child(ren) are either with parents of the couple, or other relatives. If this isn't the case then the children would be put into Foster Care. **If you have just raised the child on your own there would have been no need to fight for custody at this time. If he has not helped you at least financially he has not earned the right in a court of law to have his child. If you think he could take this to court I suggest you seek legal counsel. Marcy * Yes, if there is not a court order granting custody to one specified parent, the law assumes in all 50 U.S. states that both parents have equal rights to the child. The parent with physical custody may not however remove the child from state nor the US without a court order allowing the action.
Wiki User
∙ 12y agoNo. A father has no superior automatic rights to custody in the United States. If the parents are married they each have an equal right to the child until a court has issued a custody order.
Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child if the mother retains custody.
Wiki User
∙ 13y agoGet the court's blessing for this, beginning with establishment of paternity.
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If the father is not on the birth certificate does he have parental rights in Texas?
No. An unmarried father has no right to keep the child from her mother unless there is a court order to that effect. He has no personal legal authority to keep the child. In the absence of any order, if he takes the child and fails to return the child to the mother she should call the police.Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent.If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
Can the father keep the child away from the mother if she is doing drugs?
Only by order of the court, and even than, there should still be at least supervised visitation.
If a non married father wants to put the child up for adoption but the mother wants to keep it does the father have to pay child support?
Yes, the father does get first claim, in order for the child to be adopted by someone else, he needs to give up his legal rights as a father to the child. If you fully give up the child for adoption, to him, then he can not make you pay child support, but if he takes custody only, then yes you may be instructed to pay child support. He does not need to adopt to get custody. But he may stop you from giving up your child, by claiming he supports the child financially, and does not wish to terminate parental rights, but also does not wish look after the child himself.Get a lawyer and discuss this with him. Check out this site for more information http://adoption.about.com/od/placingachild/i/adoptionoption.htm
If a man cannot pay child support can the ex-wife go after his mother or other family member for the money?
The Child Support Agency sends a form to the mother asking for details about the child's father, it is compulsory for the mother to give these details. It is also compulsory for the father to pay to support their child, I am not sure if there is a way around it. I am quite sure they don't ask any other relatives.
If the fathers name is on the birth certificate does he have to pay child support if he and the mother aggree not to?
If the mother doesn't seek a child support order no one will make the father pay. However, keep in mind that the mother can always change her mind and get back child support in the future. If the child and/or mother are receiving any state assistance the father will be required to pay child support.Fathers are responsible for supporting their children. If the mother doesn't need the child support then she should put it in the bank for the child's collegeeducation.
Can a mother keep a child away from the father if they are still married?
No, if they are married they have equal custody.
If mother have primary custody can she keep the child on the day the father is supposed to have the child?
No, that would be a violation of the court orders
Can a single unstable mother who has all different women in and out of her and this child's life to the point that this child is so confused she is only 9 keep custody of the child when the father is?
Yes, she can. If the father doesn't like it, he can petition the court to modify the custody agreement.
In Texas if the mother has custody of the children and goes to prison does the father still have to pay child support?
Yes, if the father is not given custody he will be obligated to keep paying support to whomever the court awards custody or guardianship of the children.
Can a father keep his child out of state the child resides in?
sounds like kdnap to me. does the father have custody?
Can paternal grandparents legally keep the unwed mother of the child away from the child through a power of attorney of the child's unwed father?
Of course not. In the United States an unwed mother has sole custody of her child until the father has established his paternity legally, in court. Then he must petition for custody and/or visitation rights. He cannot make any changes in the custody of the child via a power of attorney. The unwed mother should exercise her parental rights aggressively and not allow grandparents or the father to take control of her "rights".
Can a mother keep a child away from the father if she is 16 and he is 22?
In most places, the father has just as much right to their child as the mother does, even if they were never married. If the mother wants to legally keep the child away, she will need to go through the family courts. In some states, if she tries to do this without a court order, she can be charged with interfering with child custody or other charges. If there are no solid reasons to keep the father away, the judge may not grant the mother's request.
Can a mother keep a child from the father?
Not legally. If he takes legal action & she does it one or two times more & he reports it, she will lose custody completely.
Can a father keep the child from the mother?
Not legally. If he takes legal action & she does it one or two times more & he reports it, she will lose custody completely.
Can a mother keep the baby from the father without going to court?
Generally, if the parents are unmarried, the mother has sole custody until the father establishes his paternity legally. Until then she can refuse visitation. However, when the father's paternity has been established he can request custody and/or a visitation schedule. He will also need to pay child support if the mother retains physical custody.A married mother cannot keep the child from the father without a court order to that effect.
In case of divorce who will get the child custody in France?
Most often the mother. JK Rowlin got custody there than took the children to England to keep the father from getting access rights.
Can a mother take her child from its father and keep it with her at her house if there is no residency order in place?
If the parents are married they both have equal right to the child unless one party gets temporary custody pending a divorce. If they are unmarried and have never been married the mother automatically has custody. The father would have to go to court to establish his paternity and petition for joint custody and visitations.
