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Can you get your child back without court order?

Updated: 8/17/2019
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12y ago

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If someone else has your child pursuant to a court order then the answer is no.

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 can establish his paternity 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.

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Related questions

Can a parent keep a child from the other parent without court orders in New Mexico?

Not if the parent have court order for custody or visitation unless the child is in danger of some kind and then you better have proof to show the court. To change the court order you need to go back to the court where it was issued to have it modified.


Can you file for back child support in Texas with or without court order if im married and have children of my own?

If by "back" you mean, past-due - yes.


In Arkansas can you get rid of back child support and fees without custodial parent signing off on support order?

If a court orders it.


Can you cancel child support if you get back with your child's father?

Yes, but get a court order confirming this.


How do you have someone served for back child support?

Get a lawyer, go to family court, get an order against them for child support. If you all ready have a court order go back to family court and social services and tell them he isn't paying.


Can a parent be sued for back child support if there was no court order for the child support?

No, usually support is only due when ordered by a court.


Can child support be terminated due to lack of visitation?

If the person paying child support goes to court about it, it's possible. However, it doesn't "just happen", nor is it legal for someone to stop paying child support without a new court order specifically stating so (unless the child reaches the age at which the court order says child support can stop; in that case it's not necessary to go back to court about it).


Can you get your child back at 17yrs old when your mother had it taken from you with a Court Order?

Not likely. The child is 17 and if there was a Court order, the Court found some reason to allow the child to leave. At 17, a child may instruct the Court as to where he/she wants to live and why. You should still have visitation rights, even if the child is out of state.


Can you sue for back child support in civil court?

Your local family (civil) court is where you must file for child support arrears. If there is a child support order you must return to that court to file a contempt of court order.Your local family (civil) court is where you must file for child support arrears. If there is a child support order you must return to that court to file a contempt of court order.Your local family (civil) court is where you must file for child support arrears. If there is a child support order you must return to that court to file a contempt of court order.Your local family (civil) court is where you must file for child support arrears. If there is a child support order you must return to that court to file a contempt of court order.


What would happen if a child is with their father for his weekend and child runs away to the mother with primary custody?

The police can bring the child back to his father since the court order says it is his weekend. The mother also have a responsibility to make sure the child is brought back and can not break the court order.


What if brother voluntarily gives temporary custody to sister through court order Can he get his child back?

If the court approves.


Can you take ex wife back to court if you are in the rears on child support she is refusing court order visiation?

Yes you can. She can not withhold court ordered visitation. If she does, she too is in violation a court order.