My boyfriend and I are going to split up and he's saying that if I leave that he's going to take our kid and run away with her and since he is the father that he can't get in trouble for it. So my question is since he is the father and there is no formal custody arangement made by the courts can he run away with her and not get into trouble or would this be considered kidnapping?
2006-09-06 15:22:34 · 11 answers · asked by Ash 3 in Politics & Government ➔ Law & Ethics
Call the police, and get a temporary restraining order. He is just a prick. Get your butt in gear girl, he is unstable if he is talking this way!
2006-09-06 15:31:01 · answer #1 · answered by Gothic Martha™ 6 · 2⤊ 0⤋
Until custody is established each parent has just as much right to the child as the other. Contact family court and file for custody immediately so boundaries can be set. It is my observation that courts favor the parent who files the paperwork first and once there is something formal from family court any violation of the court order can land the offending parent back in family court to explain the violation. As of right now the father could take the child and go where ever he wishes and the burden will be on you to gain custody of the child. Being in another state will make it harder for you to get some sort of court date because it is likely he will file in another state. My advice is to keep the child with you, no police agency will make you give the child to the father without proper family court papers and once you both establish custody guidelines follow them. In the meantime any sort of threats or altercations can be kept track of in a notebook... date and time, what happened or what was said, and hand the papers over to your lawyer. Good luck.
2006-09-06 16:40:38 · answer #2 · answered by okchico 3 · 1⤊ 0⤋
This is something that worries me at times, though my son's father has never threatened, but we weren't ever married so I have often wondered what if? I was told by my son's pre-school that if his father showed up, legally they couldn't keep him from getting him, but they would call me. How nice.
We did finally go to court for child support. He was NOT involved, which is what finally drove me to go to court. He has a parenting schedule that he doesn't follow, but I would think this might give me some protection, since it establishes me as the custodial parent.
You know, some of the cases you hear when a child is taken are couples that have been or still are married. It's not okay, but the legal ramifications, I'm just not sure.
Talk to someone. It should be free. Use the services. Too sad. This isn't about him, but he's making it that way.
2006-09-06 15:35:25 · answer #3 · answered by Isthisnametaken2 6 · 0⤊ 0⤋
In most states, if you aren't married, the mother is automatically granted sole legal and physical custody of the child.
Get to a good family lawyer and find out what you can do. When you have the baby, you can let the hospital know that the father is not to be allowed to see you or the baby, if you think he might try to take the baby from there. I did that when my son was born, simply because I didn't trust the father not to do something like that. When he did show up to see us, the nurses wouldn't let him near me until they cleared it with me, and even then they wanted to stay with me to make sure he wasn't up to something.
If he doesn't sign the acknowledgment of paternity when the baby is born, or anytime after, legally he'll not be the baby's father and therefore will have no rights of any kind. So in that case, if he did take the baby without permission, it would be kidnapping.
Feel free to contact me privately if you need to talk more.
2006-09-06 15:47:45 · answer #4 · answered by BasketChick 3 · 0⤊ 0⤋
Get a lawyer. Since you weren't married as the mother you have sole custody and physical custody, he would be kidnapping. Only if you have a court order that give hims custody rights can he take her, but then depending on the agreement he can still be charged with kidnapping. Most agreements don't allow you to take the kid out of state unless shared phyiscal custody. Do you have DNA? He can't claim her without it, unless he signed the birth record. Tell your lawyer he threaten to kidnap her, if you go to court make sure you get sole custody, all physical, medical, and ask for supervised visits at a special center for those kind of visits.
2006-09-06 15:32:26 · answer #5 · answered by Pantherempress 7 · 2⤊ 0⤋
Do something soon - legally. You don't want them to end up on those things I get in the mail or on the tax instructions booklets that say "Have you seen me?" with pictures of kids computer-aged like 10 years and the person who took them.
2006-09-06 15:31:05 · answer #6 · answered by IAskUAnswer 6 · 0⤊ 0⤋
If he is the childs father, he has at this point as much legal right to be with her or have her in his custody as you do.
Being married has nothing to do with child custody, marriage will apply to property division if you seperate.
So you need to file in court for custody and child support.
2006-09-06 15:25:23 · answer #7 · answered by Anonymous · 1⤊ 1⤋
momma alert the authorities of the situation you dont want to take chances with your child, if he is already making the threats there is no telling what he may do in the end!
2006-09-06 15:33:19 · answer #8 · answered by Vita 2 · 0⤊ 0⤋
Talk to a lawyer immediately!
Is he a good father ?
I think he probably is using this as leverage to keep you with him.
If he is no good and a bad person , Don't let him coerce you..
2006-09-06 15:27:32 · answer #9 · answered by Anonymous · 0⤊ 0⤋
yes. it would. take him to court..
you can take him to court JUST for threatning to do that-- a restraining order.
dont be an idiot.
2006-09-06 15:27:31 · answer #10 · answered by Anonymous · 1⤊ 1⤋