My sister lives with the father of her child. They are not married. They got in a big fight where he was up in her face and all and she wanted to take the baby and go stay the night at our grandmother's house. He said if she did that he would call the cops on her and say she kidnapped the baby. Could he really do that?
2007-07-16 09:55:11 · 13 answers · asked by Jenae, TV (tempter of the vile) 5 in Politics & Government ➔ Law & Ethics
They live in Austin if that matters.
2007-07-16 09:55:54 · update #1
If they are not married and no court has given him paternity then he has no rights to the child. Period. She can go wherever she wants, whenever she wants and can take the child and there is nothing he can do about it. Even if they were married, she still could until a divorce decree was entered that established custody.
Yes, he can call the cops but without a court order showing he has the rights to the child they will do nothing about it. However, if he takes the baby, she as the natural mother has rights to the child and can call the police.
On a side note, tell your sister to get out of this relationship ASAP.
2007-07-16 10:10:51 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Yes, he is the father of the child. Now when he called the cops they would show up and probably say that them spending a night apart would be a good idea. But legally he could absolutely and here’s why. They are a couple in many ways; they live together, have a child, and are in a relationship but are not married. There are laws that deal with this, called co habitation laws. These laws are in essence a way to protect someone in a relationship that is not married. Many people believe if they do not get married that they are not subject to their share of property or assets. Many people feel that they do not need a pre nup because as I said they are not married. Being that the father is indeed the father of the child and with the co habitation laws in affect he is entitle to help make the decisions on all of the couple's assets including the child your sister can not take the child and when they eventually split up also as for money and child support. The father is still entitled as a competent legal guardian to say in the matter. But like I said the cops would talk him down and tell him that it would be a good thing for them not to be together for the night. The law also protects the husband, your sister will ask for everything so it is only fair while he is the guardian that he has his say. If she felt he was not a competent guardian then she shouldn't live with the him, so he is by default right to ask for this.
2007-07-16 10:17:32 · answer #2 · answered by Anonymous · 0⤊ 0⤋
He might be able too. If I was her, I would get legal protection for her and the baby. Tell your sister to check out the site below and watch the movie. Hope this helps.
2007-07-16 12:03:15 · answer #3 · answered by CITRONGE 2 · 0⤊ 0⤋
No, she has as much legal right to the child as he does. If I were her I would get out because a threat is the first sign of abuse. She could tell the police she was afraid of him.
2007-07-16 09:58:55 · answer #4 · answered by professorc 7 · 1⤊ 0⤋
She is the legal parent of this child. She can take the baby to Antarctica if she wants to and he can do nothing legally to stop her.
However, it sounds like he might try other means besides the legal ones. You may want to encourage her to rethink this relationship.
2007-07-16 10:01:14 · answer #5 · answered by mjkl1 3 · 0⤊ 0⤋
Unless he has a court order to the contrary, the mother can take the child wherever she wants.
2007-07-16 10:12:36 · answer #6 · answered by Bill G 2 · 0⤊ 0⤋
No, he is being a jerk. But she can turn the tables on him. Next time he gets abusive physically or verbally she can go to court and file for an order of protection.
2007-07-16 09:59:55 · answer #7 · answered by Anonymous · 1⤊ 0⤋
He could do that but the police wouldn't do anything. If she came back the next day, it's not really a big deal. If she took the child and didn't come back, then that could get her in trouble.
2007-07-16 10:03:01 · answer #8 · answered by Anonymous · 0⤊ 1⤋
no not in the state of Idaho if he was to call the cops they would ask what was going on and if she told them he was in her face and she was scared to stay with him letalone leave the baby with him the copes would leave the baby with he and grandma that would be the best place for the baby
2007-07-16 10:04:55 · answer #9 · answered by Anonymous · 1⤊ 0⤋
He can do it. Chances are he will be the one ending up in jail for the night, if the police have to investigate. The current unwritten rule is if there is abuse, the husband goes to jail for a cooling off period.
My cousin's wife is bi-polar. She went off her meds. She called the police and said my cousin hit her. No marks. She said she quit taking her meds. He spent the night in jail anyway.
2007-07-16 10:02:41 · answer #10 · answered by regerugged 7 · 0⤊ 1⤋