2006-08-22 07:30:57 · 26 answers · asked by kcpunk 1 in Family & Relationships ➔ Family
If the mother of your son spells half as bad as you do then that kid is doomed from the start.
2006-08-22 07:44:44 · answer #1 · answered by wilsonaj101177 5 · 0⤊ 0⤋
if there is no established custody then whoever has possesion at the time the police are called with be allowed to keep the child until an emergency custody hearing can be called. The police can not technically make the father give the child to the mother just because she is the mother. That's not how it works and is why established custody is so important to have to protect everyone involved. So to answer your question yes you could legally keep him but rest assured she is going to go straight to an attorney and he will file for an emergency custody hearing. It will buy you a month tops. The end result, assuming that neither of you is dangerous/not capable of caring for the child, will most likely be joint custody. I would advise trying to work out some kind of amicable arrangement that suits you both before misleading her in to letting you spend time with him then telling her you aren't going to let her take him back. Children should not be used as leverage to get back at your ex. Try to work out a custody arrangement that works for both of you then take it and make it legal. You can do it the way you are suggesting but the end result is the same and in the end the only person suffering is your child.
2006-08-22 14:43:11 · answer #2 · answered by amyclay350 3 · 0⤊ 0⤋
Do what is BEST for the child!!!!
If the mother is no good and
would cause harm to the child
and his life, then you should go
to a lawyer and get legal custody.
If, on the other hand, you are
just doing it for spite and don't
really think you can be a good,
caring,DEVOTED, responsible
dad, then leave the poor kid
to at least try to have the best
that either one of you can
occasionally give him.
I really hate to see people
treat a child like he is something
to get back at the ex mate with!!!
And before you go and make
another baby with somebody
else, stop and use a condom!!
Poor kids don't deserve to be
born to self centered nincompoops!
2006-08-22 14:44:40 · answer #3 · answered by NANCY K 6 · 0⤊ 0⤋
As far as Arizona law, until custody hearings, both of you have custody. But, you would not get into trouble for taking your son. However, she could take it to court and try to get temporary custody until the custody hearings. However, she would need an good reason. And taking your son away from her might be reason enough. But that's up to the judge. Check with your local police department to be sure of the laws in your town.
2006-08-22 14:41:18 · answer #4 · answered by Rob 3 · 0⤊ 0⤋
someone has to have custody or were you together and now seperate?? I would think if you take your son you would want to file for custody right away. If there is no court order than you are entitled to have your son but the mom could always claim kidnapping. Not a good situation for the child. With police and courts and the like.
2006-08-22 14:38:41 · answer #5 · answered by tpurtygrl 5 · 0⤊ 1⤋
Unfortunately by law whoever has custody is the legal guardian or parent. If you or your son come in to take the child it is considered kidnapping and you can serve a prison sentence for that.
The only way to get custody is by hiring a lawyer and going to court.
2006-08-22 14:44:19 · answer #6 · answered by rltouhe 6 · 0⤊ 0⤋
Depends on what state you live in... most of the time the mother is automatically given custody as the primary custodial guardian... don't mess around like that look into what you can do legally... and not only that your child needs a mother and father.
figure out how to get along for your child.
2006-08-22 14:43:13 · answer #7 · answered by Tricia P 4 · 0⤊ 0⤋
If neither of you have physical custody there is someone who does, be it a relative, foster parent, or the county. You need to have legal custody to keep a child indefinitely. If you took the child someone will be taking you to court, so my suggestion would be for you to file papers in court at the same time you take the child or before. Best for the child is always someone who will be consistent, so don't take the child if you have no intention of being there with him and raising him permanently.
2006-08-22 14:40:05 · answer #8 · answered by Anonymous · 0⤊ 1⤋
if you are not married, and no paternity test has been done to prove you are the father, you do not have any rights to the child. She does have custody, due to being the biologcal mother. You can not just take the child - she can have you arrested. If you want custody talk to a lawyer and start the proceedings to get a dna test to prove you are the father so you can then file for custody.
2006-08-22 14:39:30 · answer #9 · answered by allrightythen 7 · 0⤊ 1⤋
That makes NO sense.
Someone must have custody of the child...!
If you "got him & kept him", I'm sure she could do "something" if she chose! Biological mothers usually have the first say in everything, unless they have TPR'd.
Good grief!!!
Children are not like a CD collection or something.
You need to clarify who DOES have custody---that will make all the difference in an answer.
2006-08-22 14:40:11 · answer #10 · answered by Anonymous · 0⤊ 1⤋
No, the only thing she could do is file for custody in court and if granted a temporary order, then she could take him, but if there are no orders in the court, the cops will not remove the child from your care.
2006-08-22 14:37:44 · answer #11 · answered by julie_cano2003 3 · 1⤊ 0⤋