Can a father be charged with kidnapping if he takes the child out of state and there is no custody arrangement and they are married?
No. Since they are married they have equal rights to the child.
Can a mother get her children if the father has had them and refuses to let her see them but the parents were never married and there is no court matters dealing with custody?
Since there is no court order and you were never married it is the mother that have custody. He can be charged with kidnapping.
If your ex has your kids and you go take them is that kidnapping if their is no custody arrangement?
Not if you're married. Single fathers have no legal rights to the children, so yes.
Can a parent be charged with kidnapping if they take the child out of state with no custody arrangements through court?
If an adult takes a child without LEGAL custody, it is kidnapping-- in the USA, for sure. Depends. if you are still married and none of you have gotten temporary custody yet until the divorce is finalized, both have equal rights to the child and it would not be kidnapping. If you have never been married and the father have never applied for custody or visitation the mother have custody. So she can leave the… Read More
Can a father take his children if he and the mother were never married and there is no custody order?
No, he would be charged with kidnapping. She has custody since birth since they were never married and he never went to court for custody. One case can be, if the mother is not financialcapable to care of the child, the the father may proceed but firstly the mother must be agree for that.
Can a mother leave the state of Arkansas with a minor if she is married and would it be considered kidnapping?
Assuming the minor is your child, and you are still married (therefore, no custody settlement) then no, it would not be considered kidnapping.
Unless they are married or he has custody he has to return the child or it will be kidnapping. If you are not married and you have not established paternity yet or have not petitioned for visitation or custody she does not have to let you see the child. When not married she automatically get custody since there is proof she is the parent.
I assume you are asking if custody changes when a parent gets married to someone else? Custody does not change because of a marriage. If there is any type of court document (divorce decree, child support agreement, etc.) that outlines a custody arrangement nothing changes because one of the parties gets married. Whatever the arrangement was before the marriage, it still stands.
If you are still married, then no it is not a crime. She can take your children anywhere as long as there are no court orders defining custody, which is not likely if you are still married.
Can daughter leave state of Florida with child and not be charged with kidnapping no custody order nor are they married?
Yes, however the father can still file an injunction which would require the child be returned to the jurisdiction of the court pending a full hearing. This can be done up to six months after the move.
Can a father be charged with parental kidnapping if he takes his child out of the state and she was never married to the father?
Yes. He would need her consent if she is the custodial parent.
Who has legal custody of a minor child when parents have never married in mass and can one leave the state without the others permission or will it be kidnapping.?
The mother have custody. The father have to prove paternity by providing a DNA test and he can then get his parental rights and petition for custody, visitation and pay child support.
Is it considered kidnapping a child if mother and father are married and mother leaves with child without telling father?
I believe it would probably be labelled as custodial interference if both parents have custody of the child. It's usually only kidnapping if someone without custody of the child takes them, though different states and judicial systems will all make their own decisions.
Can a mother be charged with parental kidnapping if she takes her child out of state and she was never married to the father?
Yes, if: - The father retains sole physical custody of the child, the mother has visitation rights and took the child out-of-state during a time she did NOT have visitation with the child; OR - The father retains sole physical custody of the child, the mother has absolutely no parental rights to the child and took the child out-of-state at any time. No, if: - There is a custody arrangement in place, whether as a… Read More
How should the father prepare for a child custody suit where he is suing for custody and the parents are not married?
He should prepare in the same way he would if the parents had been married. Not being married does not change your rights to your child, but remember to try and be reasonable and work out an arrangement that's best for your child and gives him/her as equal of time with each parent as possible
Is it kidnapping if husband won't give kids back if they were left in the mothers custody when the separation occured?
If the parents are married both parents have equal rights to the children. If you want to establish a custody order then you must do it through court. If the parents are married both parents have equal rights to the children. If you want to establish a custody order then you must do it through court. If the parents are married both parents have equal rights to the children. If you want to establish a… Read More
Can a married woman give custody of her child to her parent with out informing her husband and getting consent?
If a woman gives custody to someone else without informing her husband or getting consent, it is called kidnapping. She could go to prison. She might not like it. On the other hand, she gets three hots and a cot.
Married parents have equal parental rights. They share legal custody.
If you are not married the custody automatically falls on the mother and the father have to go to court to get visitation or custody. If you are married you have equal rights.
Can a noncustodial parent take a child for a visit and not return them if there is no visitation order and the parents have never been married?
This is called parental kidnapping; unfortunately without a custody order the parent who had custody has nothing to back this claim. First you need to get a custody order, then you need to have the custody order served. If the child is in eminent danger you can have an emergency hearing, otherwise it will take some time to have the situation rectified. Try your best to keep in contact with the child and parent.
In the United States both parents have equal rights of custody of the child if they are legally married.
Your fiance and you are not married you raise his two little girls in which he has primary custody of His ex wife is getting married in October What are her chances of regaining custody once married?
It would be better if you were married, but there are other, less pleasant ways she can get custody. See related link.
If you're not married you need to establish your paternity legally and petition the family court for custody. If you're not married you need to establish your paternity legally and petition the family court for custody. If you're not married you need to establish your paternity legally and petition the family court for custody. If you're not married you need to establish your paternity legally and petition the family court for custody.
No. If your mother has sole legal custody she can consent to your getting married.
And you are? If the parents were not married the mother has custody until the father can petition for it after he has proved paternity in court. If married you have equal custody. Just living with you does not give you custody. it has to go through court.
What custody rights does a father and a husband have to his children after a year of no contact with the children?
Generally, if married he has custody rights equal to the mother unless she has brought a petition for sole custody in his absence. If he is not married his custody rights must be established by a court order.
Your biological sons are with a non biological father you were never married and there was never any custody battle but he is refuseing to give you your children can he do that?
Most likely not. If the mother had sole legal and physical custody and had the "step father" adopt the children without your knowledge - the adoption would be voidable. If he is illegally holding the children against your or their will, that is considered kidnapping in many states. Get the state involved.
How do you get legal full custody of your children while their father is in prison they are living with me not but I want something in writing before their father is released?
You haven't included important details such as your marital status and whether there is an existing custody order. If you are divorced, or never married and there is a custody order, you need to return to court and request sole custody. If you are married then you need to consult with an attorney or a legal advocate at the court. You haven't included important details such as your marital status and whether there is an… Read More
Normally, when a married couple are divorced, and there is a child involved, the court will issue a ruling about who has custody. A mother may lose custody if she has been deemed by the court to be an unfit mother or a danger to the child, in which case the ex-husband would gain sole custody. If no such ruling has been made, then the ex-husband would have no right to simply take the child… Read More
The answer depends on many factors including the laws in your jurisdiction and marital status. Generally: If married both parents have equal parental rights over the child. In the case of a divorce, if the parents cannot agree on a custody arrangement the court will issue a custody order based on physical and legal custody and visitation orders. If the parents are unmarried the mother has sole custody until the father can establish his paternity… Read More
That depends on the laws in your state, whether you were married at the time of the mother's death or if not, the court ordered custody arrangement that was in place at the time of the death. Generally, if you were married when she died, you are awarded all rights. If you were divorced or separated, and the mother had sole or joint physical and/or legal custody, your rights to the contrary would be mandated… Read More
'Can a 15 year old pregnant get married to 23 year old father of the baby with both parents consent in wv'if she is in state custody?
No, but the 23-year-old boyfriend can be charged with sexual assault.
If the parents are married they have equal rights. If not married, the mother in general have sole custody in most states until the father have established his paternity. When he has done that by DNA test he can petition for custody and visitation in court.
Mother has sole custody. I'm in KCMO. see link
The mother assumes automatic custody, unless she is unfit.
The mother. The father have to apply for visitation and custody in court.
No, although most courts favor custody to the mother.
You live in virgina and you and your boyfriend want to get married but your underage what state can you go too to get married without parents consent and can he get charged with kidnapping?
Unfortunately crossing state lines make it a federal matter. You will want to double check the law books but if you get pregnant you are allowed to get married under 18 without parental consent. How well would they check that? Not sure.. http://virginia.usmarriagelaws.com/
The biological mother has presumptive custody, at least until a custody order is hammered out in court.
No, if they are married they have equal custody.
Can a guy still get in trouble if you go out of state to get married without parental consent but he wasn't the one driving?
Yes he could get in trouble even if he was not the person driving. He could be charged still with transporting a minor across state lines and sometimes even kidnapping.
Yes, this is possible.
You are a father who has custody of your two small girls you are not married to your fiance yet but your ex wife is getting married is trying to regain custody of your children What are her chances on?
see your other question
You file for custody as the child should be living with one of them. The custodial parent can be charged with abandonment. if the child has married, get the support stopped, or have the child emancipated.
Most states lean toward Joint Legal Custody with primary residential custody
The mother. The father have to petition the court for shared custody.
When married you have equal rights to the child.
What is the fathers rights if he is on the birth certificate and he and the mother were never married?
I have this same issue. My parents never got married. My dad's right was to see me, so he did not have legal custody of me. It varies with different families, but the father has legal custody to see you and it varies if he can have custody to have you.
Yes. If you married someone while you were still legally married to another person you could be charged with bigamy depending on the laws in your jurisdiction. Yes. If you married someone while you were still legally married to another person you could be charged with bigamy depending on the laws in your jurisdiction. Yes. If you married someone while you were still legally married to another person you could be charged with bigamy depending… Read More
Who gets custody of a child born in prison in AZ mother is in prison father is not they are married.?
If they are legally married, the father gets rights until mother gets out of prison, after that it is up to the state. If not legally married, they go into state custody.
Married or not. If not married, No. If married, father is assumed by law to be the father of the baby.