Okay I have a friend who has never been to court to get custody of her child... but she let the babies father sign the birth cert. the girl lives with the mom, but if the dad took the girl and wouldnt give her back what can she do? does he have just as much rights as the mom... she said since they were minors when they had the baby he has to go to the court house and sign for his rights doesnt he have rights..please give me as much info possible
2006-12-04 20:33:56 · 4 answers · asked by your babies mama 1 in Pregnancy & Parenting ➔ Parenting
Each country has its own laws so giving accurate information depends on the information you provide us.
Some standardising of laws has occured throughout some western countries especially with controvertial issues like your friends "parental custody"
In general, most courts find the "mother" more favorable than the father to become the sole parent of the children. So your friend already has the court on her side.
However, in order for the father to get custody of the children he has to "prove the mother is unfit" or can show the "mother doesnt want custody". This can get very ugly, in and out of court and can damage whats left of the relationship for good.
The father also has to prove that he is the better option for the kids i.e. has his own house, kids in day care, has a healthy income, is stable. If the mother has these theres no competition
Your friend has to clean up her act i.e. drugs, alcohol, parties, sexual partners...etc. But she doesnt indulge in any of that stuff does she so she wont have to worry
What would be good is if she got the kids for the weekend ... and kept them for a week ... he hit her ... she calls police and has him arrested ... restraining order on him
note:
most men who take this stance are doing this in a last ditch attempt to hold onto their lady
2006-12-04 20:34:57 · answer #1 · answered by Truth D 4 · 0⤊ 0⤋
Each area is different. However he can't just take the baby and run. That's custodial kidnapping as she has equal custodial rights and he would be violating those rights. He can be arrested for denying her the right the see her child. However if she has full custody then he can't take the baby anywhere. I don't really know how it works but I'm sure if you went to the police station or court house in your town and asked they would explain the laws to you. I am pretty sure that unless you specify otherwise the mother and father have joint custody of the child. But joint custody doesn't mean that he can just run off the child in anyway.
2006-12-05 11:19:36 · answer #2 · answered by evilangelfaery919 3 · 0⤊ 0⤋
If he is the non custodial parent (the one the child does NOT live with) then he has to go court for visitation rights. Technically until he does it's up to the mom whether he sees his child at all. And if he takes the child and will not bring her back, the mother can call call the police at any point, and report her kidnapped. This will make him look pretty bad in court, too, and he'll be lucky if he gets to see his child without supervision.
2006-12-04 20:39:40 · answer #3 · answered by Smitten_Kitten 4 · 0⤊ 0⤋
Does the minor child have the fathers last name. If so and he did not bring her back then most likely she would have to take him to court. I went through this with my childrens father and I had to take him to court and go through a custody hearing and just so you i got custody.
2006-12-04 20:37:55 · answer #4 · answered by vickielynnperry 2 · 0⤊ 0⤋