the situation is that the mom took the kids and is now preventing the father from seeing them without a court order. is this in essence hiding the kids away a form of parental kidnapping what can be done legally to aide this ?
2006-11-02 15:43:04 · 7 answers · asked by tiny 1 in Family & Relationships ➔ Marriage & Divorce
go to her house and when this person gets there call the police and tell them the situation, this happened with my cousin his GF called the police and they told her she had no right to keep his daughter from him without a court order
2006-11-02 15:49:46 · answer #1 · answered by Nicole 3 · 0⤊ 0⤋
In the Commonwealth of Kentucky there must first be an order before the police can enforce it. Simply put, before there is a court order assigning custody then both parents have equal claim to the children, and the police cannot remove the children ,and give them to the other parent. In our state I would recommend a person move quickly to get a lawyer, and get a court date so that visitation and or custody could be assigned. This happens all the time to many people that I talk to and the court system is so backed up, it never moves fast enough. Sometimes it takes months before an order is issued. We really need new laws in all 50 states to deal with these situations because the laws were created when people did not get divorced, did not have kids on there on, and generally these problems were not wide spread. Now, we have thousands of these cases and the only laws on the books were written in the 1950's. Make sure you tell your representative to put new laws in place.
2006-11-02 16:01:03 · answer #2 · answered by The Law 2 · 0⤊ 0⤋
If there is no court order at all then yes she can do this. If the court has not established custody then both parents (on the birth certificate) have equal rights. It is not kiddnapping and the best thing the father can do is get an attorney ASAP.
If custody has been established and the father had custody and the mother has violated court order then the father can go to the police with the court order and they can arrest her for violating the court order.
2006-11-02 15:57:54 · answer #3 · answered by ? 4 · 0⤊ 0⤋
When me and my ex split I couldn't get visitation rights till the first hearing in the divorce. So if this is the case he will have to wait and then after court ordered visitation is still denied he can have he charged with violating a court order
2006-11-02 15:52:09 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No. If there is no legal separation with a custody order, even if they are apart, it is not illegal for her to take them. You did not say if they were married? If not married the father would have to prove he fathered the children if she denies it, and she could even have him arrested if he took them by force. He should call the clerk of juvenile court for a solution.
2006-11-02 16:13:01 · answer #5 · answered by AJ 4 · 0⤊ 0⤋
If there is no court order, she can't do that. The Dad's best recourse is to push for an immediate hearing for a temporary custody order to be entered to prevent her from doing this.
2006-11-02 15:47:33 · answer #6 · answered by Scott T 3 · 0⤊ 0⤋
the state im in if you are not leagaly separated and have not went to court who ever has posesion of the kids is the sole provider and can do what they want with them. my son has a daughter and her mom took her and wont let any of us see her and until he goes to court we cant stop her. but if he was to see her on the street and pick up his child and then walk away with her then the mom couldnt do anything to stop him... seems unfair and wrong to me
2006-11-02 15:50:42 · answer #7 · answered by crazyme 5 · 0⤊ 0⤋