My boyfried and I have been together for 2 1/2 years. The relationship is bad. We live together in an apartment that he lived in when I met him. We have a one year old daughter together and, of course, she lives with us. My question is: if I decided to leave him, do I have the right to take our daughter with me?
2007-01-02 15:28:47 · 16 answers · asked by lost23 1 in Family & Relationships ➔ Singles & Dating
He has implied that if I leave and take her with me, I'm kidnapping. I wouldn't keep him from seeing her. I just mean that she would go where I go. I would still want her to see him and be in his life. I would never keep him from seeing his daughter.
2007-01-02 15:37:18 · update #1
The person above is wrong. Your boyfriend cannot press charges against you for taking your daughter unless a court has issued a custody order giving him sole custody. You can take her, but later in court, you will have to prove why you should be given sole custody, and even in the event that the Family Court Judge issues an order giving sole custody to you, he will more than likely be given visitation rights.
Your best chance is to set up a household with you and your daughter before he has a chance to go to the court. He will be unable to prove to the court that you are unfit if you have a household set up that is in the best interest of the child. This means her own room, not with a babysitter more than the standard workday, good nutritional meals, basically everything that you are most likely providing for her now.
Hope this helps...
P.S. If you email me your state, I will send you the relevant statutes related to kidnapping by the end of the week.
2007-01-02 15:41:03 · answer #1 · answered by wanderingphotographer 3 · 1⤊ 0⤋
First off why does she have to go just because all of her friends are going? But other than that let her make that decision on her own. If she gets disappointed then that's a life lesson she just learned. You know the guy likes to party but you would want your daughter to go to a prom with this guy, and he's driving? That is your only parental obligation of protection concerning this issue. You can't protect her heart no matter how much you want to but you can protect her life. If you don't want her to go then that is the basis for stopping this possible tragedy.
2016-03-29 05:27:41 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Look within yourself and really ask yourself who is the better parent. That is who the child should spend the majority of their time with. If its you then take her with. Let him know when you will be bringing her back to visit him. Don't keep them apart more then a few days. How would you feel if he took her away from you? You need to get along with him for the next 18 years, be the big person and set the standard of how your parental relationship will go. DO NOT use your child against her dad it will only bit you in the @$$.
2007-01-02 15:38:25 · answer #3 · answered by katie 2 · 0⤊ 0⤋
You do, especially if there is a chance she'll come to harm in the house. Your boyfriend has legal obligations to her, and the courts would decide if he has legal rights to any custody or visitation. He could also try to pursue full custody of her, but would have to show the court you were an unfit mother and he could provide a more stable home for her.
2007-01-02 15:36:51 · answer #4 · answered by Katasha 3 · 0⤊ 0⤋
The custody issue will have to be settled by a court if you cannot agree between you on terms. The exact nature of names on the birth certificate may be important.
2007-01-02 15:40:11 · answer #5 · answered by Anonymous · 0⤊ 0⤋
What?! Kind of question is that? Yes take your child and save her from the damage that is caused by battling parents! Never think twice about something like that. You could lose her to him for abandonment.
2007-01-02 15:38:32 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Yes you do. If you do you need to file custody paperwork first, the person who files first will have the child until an arrangement can be made, unless one parent is unfit. Just know that unless he is unfit he has just as much right as you do to custody.
2007-01-02 15:32:03 · answer #7 · answered by lisa h 4 · 0⤊ 0⤋
Work it out between the two of you or the courts will decide. If he's a real lousy person he probably would rather have you take care of your daughter.
2007-01-02 15:31:56 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You have equal rights in taking her until a court would determine custody. Please just remember not to put her in the middle of it.
EDIT: It's not kidnapping if there is no custody order present.
2007-01-02 15:31:03 · answer #9 · answered by IMHO 6 · 1⤊ 0⤋
YOU CAN BUT ITS BEST THAT YOU LET HER DAD BE IN HER LIFE STILL. DON'T TAKE THAT AWAY FROM HER. WHAT EVER THE ISSUE IS DON'T PUT YOUR DAUGHTER IN THE MIDDLE OF A FIGHT. THE ONLY ONE YOU ARE GOING TO HURT IS HER. ALWAYS PUT HER FIRST.
2007-01-02 15:34:01 · answer #10 · answered by misty blue 6 · 0⤊ 0⤋