I recently took a DNA test with my daughter's father to determine if he was her biological father. The results proved that he is her father. He threatens to take her away from me and says that the police cant do anything about it. Is that true. Can he take my daughter away from me with out my permission because he's her biological father ?
2007-03-15 05:55:30 · 21 answers · asked by Anonymous in Pregnancy & Parenting ➔ Parenting
No, it is considered kidnapping. The only way he can take your daughter away legally is if the court appoints him a the sole guardian. And unless you have abused her or there is any other reason why you wouldnt be considered a "fit parent", than the chances are slim. Usually now-a days they give joint guardianship to both parents.
Best thing to do is to go to your local police department and tell them that he is threatening to take her away from you. Depending on the laws in your state, you may be able to place a temporary restraining order against him. After a week to two weeks you will have to go to court to have the judge decide whether it should becoame a permanent restraining order. Even if they dont grant it, know this.... Having a restraining order (even temporary) on his record will drastically decrease him chances of getting full custody of your child. It makes him look like an unfit parent and shows that your onjective is only to protect your daughter.
2007-03-15 06:08:16 · answer #1 · answered by Anonymous · 1⤊ 0⤋
No and if he is threatening "kidnapping" her then an order of protection should be filed with your local police department. I would call them if you think he is serious. If it's going to a custody hearing then generally speaking, the courts don't like to remove children from their current home unless you are found to be an unfit parent. Either way, if you are being a good parent, legally I don't think he can touch you.
2007-03-15 06:09:55 · answer #2 · answered by Sensible Momma 2 · 0⤊ 0⤋
Did you have to take the DNA test? It sounds to me that things would be better off if no one knew...sometimes I wish I said my sons father was dead. He is not a bad father its just he always tries to tell me what to do and he has no clue. I have full custody...he signed off on all rights at birth...but you really need to get in touch with the courts and get some child support too...don't lose your child. Do it today.
2007-03-18 18:31:20 · answer #3 · answered by princesstracybrat1 2 · 0⤊ 0⤋
No he cant. My dad would say the same thing to my mom. But since I lived with my mom full time he had no legal right. My mom didn't have full custody of me by law. And my mom would tell him try to take my daughter and I'll but you in jail for kidnapping. Now if I were you go to get full custody of her and tell them that he has treated your life treated your daughters life and that your afraid for your life. And if he has any felony's that he was convicted for then the court will favor you. So do what you need to do and don't let any one take your child away from you.
2007-03-15 06:26:04 · answer #4 · answered by trish 2 · 0⤊ 0⤋
Yes he can, he has a legal right to take his daughter. What you need to do is get an attorney, have legal papers written up stating that you have shared custody. But this works against you also. If you want to take her out of state on a trip, you have to get his permission, as in turn does he. My sister in law just went through this issue. Each states laws on this issue are different, so contact a local attorney for all the information that you need.
2007-03-15 06:11:46 · answer #5 · answered by sunflowerlizard 6 · 0⤊ 1⤋
You need to get a legal custody order that outlines exactly what either of you are able to do. You also need to DOCUMENT all of his threats. You'll probably want to include a clause that neither of you are able to leave the state without written permission from the other, and if he's a major flight risk you may want to include that his passport must be turned over to you during his visitation with the daughter.
You really need to figure out if he's making valid threats or just trying to ruffle your feathers.
2007-03-15 06:01:00 · answer #6 · answered by Heather Y 7 · 0⤊ 0⤋
No, he cannot "take" her from you. If you are her custodial parent/legal guardian, then YOU are the one that determines everything. It doesn't sound like the dad has parenting time set up by the courts, correct? If not, he legally cannot take her anywhere. You may want to do some research for your particular state because some state laws do differ.
Good luck, sounds like he's being a jerk.
2007-03-15 07:14:40 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Actually he can if paternity is established and there is no custody agreement. I know this from experience with my own ex. Before custody was established, if I dropped my daughter off to see him he could LEGALLY take her and not bring her back because he has just as many rights as you do. Sucks, but it's true. Get a lawyer ASAP!!!
2007-03-15 06:17:11 · answer #8 · answered by Amber Ann 3 · 0⤊ 0⤋
No non-custodial parents must have consent to remove the child from the country and a court order to change the child's living arrangements.
However it is easier to prevent problems than it is to solve them later. After all kids are kidnapped by parents all the time.
PLEASE talk to CPS and a lawyer. Dad needs counselling or a restraining order.
2007-03-15 06:12:17 · answer #9 · answered by Anonymous · 0⤊ 0⤋
i know in the state of ohio there is a law of unwed mothers any child that was born to a unwed mother after the year of 1997 the mother got custody. so therefore uf ur state honor this law no he can not take ur child. go see a lawyer.
2007-03-15 19:35:00 · answer #10 · answered by angel69801 1 · 0⤊ 0⤋