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My daughter has recently been seperated from her husband. He has threaten to take there son away. Can he legally do that with out going to court first?

2006-08-19 08:09:14 · 7 answers · asked by Anonymous in Family & Relationships Marriage & Divorce

7 answers

he has equal custody of his son but thew court will decide on custody by whom the boy is living with when custody is decided, usually.
depending on how long until the custody hearing. if it is coming up in a few weeks it wont be an issue if the hearing isn't for several months i would have an attorney draw something up giving them both equal time until the hearing.

2006-08-19 08:17:45 · answer #1 · answered by eaglerock60 3 · 0 0

until the courts have decided who has custody, nobody has custody. this means that either parent can take the child. your daughter needs to petition the courts for custody NOW. she needs to get a lawyer and make sure s/he understands the urgency of the situation

if the father does take the child, your daughter will have to fight to get him back. keep it is much easier to get custody when the child is with you than it is to get him back

best of luck

2006-08-23 00:01:20 · answer #2 · answered by canadian_beaver_77 4 · 2 0

if paternaty has been established yes he can take the child ...without a custody order there is joint custody he could pick the child up from any where except from the mother he could go to day care withthe police or to where ever the child is staying just be carefull.... i found this out the hard way i went through it good luck

2006-08-19 16:02:52 · answer #3 · answered by angeleyes4you32 1 · 2 0

If he is the father....and there is no court order in place....yes he can.

2006-08-19 16:04:41 · answer #4 · answered by Tony 4 · 2 0

my dad called the court or someone and and he took me and there was nothing my mother could do

2006-08-21 22:25:42 · answer #5 · answered by jason c 2 · 0 1

They will probably give him custody anyways since your dumbass can't even spell.

2006-08-19 15:39:00 · answer #6 · answered by Anonymous · 0 3

no he can't my parents r divorced i should no

2006-08-19 22:45:10 · answer #7 · answered by mexicanagangstagirl 1 · 0 2

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