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It depends on the situation. If the mother is unfit (using drugs, alcoholic, partying, leaving the child alone, etc.) then yes, he could fight her through the court system and probably win. If she is a good mother and the courts have said he can't have visitation rights then he has to abide by the law or seek legal counsel to try and have this request reversed. If the courts have ordered total custody to the mother and the father kept the child(vice-versa) then it could be considered kidnapping! Marcy Parental abduction is the charge used when the non-custodial parent takes a child w/o permisson or refuses to return a child to the custodial parent after visitation. Parental abduction is a civil matter not a criminal one and the custodial parent will need to seek an order of requisition from the court to have the minor child returned. When such a petition is filed a DFS/CPS investigation is automatically instigated. The findings of the investigation will determine what custodial rights are granted (if any) to either parent. Thanks for the input. I'm in Canada and I know our laws are different. We call it plain old "kidnapping" here. Sorry to use some wrong terms off and on, but, the point is made. Your post was interesting and thanks. Marcy

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18y ago
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13y ago

By petitioning the court to give joint custody to the parents. In most state, Joint Legal Custody is the standard.

If you mean Joint Physical Custody, with 50/50 Custody, this is more complicated, requiring preparation similar to petitioning for full custody.

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12y ago

Of course not. The father is not above the law. Whatever he is doing to keep the mother from her child, he needs to be reported to the authorities immediately. He is in contempt of a court order. The mother needs to speak with an advocate. In addition to what he is doing being in contempt of a court order she is also a victim of abuse. She needs to speak up.

Of course not. The father is not above the law. Whatever he is doing to keep the mother from her child, he needs to be reported to the authorities immediately. He is in contempt of a court order. The mother needs to speak with an advocate. In addition to what he is doing being in contempt of a court order she is also a victim of abuse. She needs to speak up.

Of course not. The father is not above the law. Whatever he is doing to keep the mother from her child, he needs to be reported to the authorities immediately. He is in contempt of a court order. The mother needs to speak with an advocate. In addition to what he is doing being in contempt of a court order she is also a victim of abuse. She needs to speak up.

Of course not. The father is not above the law. Whatever he is doing to keep the mother from her child, he needs to be reported to the authorities immediately. He is in contempt of a court order. The mother needs to speak with an advocate. In addition to what he is doing being in contempt of a court order she is also a victim of abuse. She needs to speak up.

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12y ago

Of course not. The father is not above the law. Whatever he is doing to keep the mother from her child, he needs to be reported to the authorities immediately. He is in contempt of a court order. The mother needs to speak with an advocate. In addition to what he is doing being in contempt of a court order she is also a victim of abuse. She needs to speak up.

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14y ago

Joint custody is between two parents, which are usually a mother and a father.

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12y ago

yes

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Q: Can a father keep a child from the mother if she is granted physical custody?
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Can a father who has joint physical custody of his son be granted sole physical custody if the mother is in jail?

Either parent can have physical custody in a joint custody arrangement. If there is a court order granting the mother physical custody the father should notify the court of the mother's incarceration and have that order modified unless he wants the mother to resume physical custody when she is released.


If legal and physical custody was granted to the mother is that the same as full physical and full legal custody?

Yes. Legal and physical custody granted to the mother means full, sole legal and physical custody.


If the father is granted physical custody can the mother get custody back?

If the decision was recently made, the mother can file an appeal. Otherwise, the mother will have to prove there has been a significant/material change in circumstances - to the judge.


If a father won physical custody of two girls and mother is appealing saying that she has cleaned up her act what are fathers chances of maintaining physical custody at appeal?

If father was awarded custody before and his circumstances have not changed, unless the mother's situation has improved dramatically the father has a good chance of maintaining custody.


If the mother has sole physical custody and shares joint legal custody with the father the two never married if the mother dies does custody automatically go to the father?

Does anyone know? we asssume this in happening in the U.S..


What are the chances of mother losing custody to father if she has possession convictions theft convictions and DUI of substance convictions?

The chances are good that she will lose custody. Whether custody is granted to the father depends on whether he is capable of providing a safe stable environment.The chances are good that she will lose custody. Whether custody is granted to the father depends on whether he is capable of providing a safe stable environment.The chances are good that she will lose custody. Whether custody is granted to the father depends on whether he is capable of providing a safe stable environment.The chances are good that she will lose custody. Whether custody is granted to the father depends on whether he is capable of providing a safe stable environment.


If the mother has sole physical custody and shares joint legal custody with the father the two never married if the mother dies can her husband who is not the baby's biological father assume custody?

No, unless the baby's biological father relenquishes his parental rights, he would get custody of the child if the mother dies, not her husband. The biological father must sign his rights away to the mother's husband.


If a mother with phsical custody is incarcerated will the father with joint legal custody be automatically awarded custody of the child?

I think it depends on how long the mother will be incarcerated for. There might be a hearing giving the father temporary custody. But if the father ever tries to get full physical custody of the child in the future, it might not be good for the mother. However, she can never be refused visitation.


Can a mom go to court to give custody to the father?

If the mother and father are talking to each other it should go this way.... Father goes to court and files a custody petition. Mom does not oppose the petition and custody is granted to the father. Visitation can be undeclared "at times that are mutually agreeable to all parties." Or visitation can be set in a court order.


What happens with sole custody after the father is awarded visitation in Tennessee?

The mother can still have sole legal and physical custody when the father is awarded visitations. Custody and visitations are separate matters. The mother would be required to obey the visitation schedule.


What happens if in the court documentation it does not stipulate what type of custody is granted it just states mother is granted custody?

it means she has sole custody.


Can a mother with joint custody give child to somebody else other than father?

No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.