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When there is no custody agreement what can be done when a father refuses to return the child to her mother unless she pays him money?
Unfortunately, the mother will have to get this legally sorted out. If he has been granted custody, the payment of support should have no effect on visitation.
Another PerspectiveThis is a legal problem. In the United States there are laws and guidelines that govern domestic issues and no person must try to solve this type of problem on their own. The laws provide checks and balances to protect the legal rights of the individual from abuse by stronger individuals. If the father has no custody rights the mother should call the police to have her children returned to her.
Since details about marital status or any existing court orders were not provided, the following is a brief general summary to help the mother plan a strategy to enforce her legal rights.
- An unmarried mother has sole custody of her child until that status is modified by a court order. The father must establish his paternity through the family court and then obtain a court order to establish his custodial rights. He may petition for joint custody or sole legal and physical custody if he believes the child would be better off with him. The court will render a decision based on the evidence.
- If the parties are married then each has equal parental rights and the father has no right to keep the child from the mother without a court order.
- If the parents are divorced the father is keeping the child from his mother without the legal right to do so since he does not have custody. In this case, his keeping the child from the mother would be against the law.
The mother should contact the court immediately. She may be advised to request a restraining order and to have the child returned from the father's home. The state laws must be applied in this case and the court will render its decision based on those laws.
What else can I help you with?
The agreement between 2 parents is custody to mother but weekends for father if the mother dies who would get custody?
the father gets the custody of the child if the mother dies
If mother wants to see her son but father refuses her?
If He Have Full Custody Then He Doesn't Have To .
When No custody agreement in effect and father didnt return child to mother?
If married, he doesn't have to.
The father and mother have a verbal agreement on visitation but the father never returned the child and the mother had no way of contacting the father and now the father has filed for custody?
Okay, cool.
How does a mother lose her child in a custody battle?
If she is found to be unfit or addicted to drugs she could lose custody. Additionally, if she refuses to give the father visitation the judge could find her in contempt and change custody to the father.
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.
Is it kidnapping if a mother with primary fled the state against court order the father took the matter to court and was awarded full custody and the mother still refuses to disclose to location of or?
No! Kidnapping involves other elements that make it a crime. The events described above mean a contempt of court, violation of custody agreement etc.
Can i move out of my mother's house and into my father's before the age of eighteen without primary custody mother's permission?
No. Your parents must come to an agreement and change the custody order filed in the family court.
Does a father pay child support to the mother if the mother and father share custody 50 50?
That is dependent on agreement, state law, their differences in income, the needs of the parties and other factors.
In California does an unmarried mother with no custody agreement allowed to live in another town After 1 year can the father force her to move back?
who can help a unmarried mother in California get legal and physical custody for free
Is it illegal for a mother and her child to live in a different city then the father?
If there is a custody agreement in place through the courts, the mother cannot take the child out of state without the fathers consent. If there is no agreement in place, the mother does not have to have the fathers consent.
Does a mother have a choice not to let the father see his child?
Not if the person has a court ordered custody agreement. If no visitation/custody order is in place, it is at the discretion of the person who has custody of the child.
