Can my wife take my son without pemission?

Question

I live in CA and my wife seems to believe that she can take my son and leave me and there is nothing i can do about it. I know there are laws out there in regards to custody and since i am his father and have always been there since birth..i am on the birthing certificate and so forth...if you know of the laws or any online resources i would greatly appreciate them. (he is only 3 months old if that helps

for the un educated person who stated that at 3 months he needs the mother more then the father....you are a female stating an overly biased opinion probably based on personal problems in your past. You have no idea what you are talking about and need some counseling. The father plays just as important of a role as the mother does. I feed him, bathe him, change him, play with him, take care of him....so what can the mother do that i cant? again you need help!

Answer 1

Depends on circumstances. If it's for the child's safety, yes she can.

Answer 2

I work in law enforcement but not in Ca. In my state if a father or mother are separated and mother/father takes child there is nothing law enforcement can do if no one has established custody and then what we can do is limited. Custody will need to be determined by a judge ASAP that was if she does take him you can take your custody papers to your attorney and have him get order from judge to have the child picked up. No matter what state you live in, get an attorney fast

Answer 3

She may take your son when she leaves but custody will be determined in your divorce. If you are not divorced already then there is not much to police can do with out custody rights in a divorce decree.I know divorce with children can be hard Ive been there. But if you cant prove your wife to be unfit the child will most likely live with mom but you will have visitation set up with your child through to courts. Good luck to ya I hope it all works out for you and maybe you two could work out your problems and not have to go through a divorce.

Answer 4

If it says nothing in court papers that she can not take your son out of state there is nothing YOU can do about it. In order for her to be required to get your permission it has to state clearly in court papers that she can not cross county or state borders without consent of the non-custodial parent and the court. Your name on the birth certificate is a moot point. The only name required on the certificate is the mother's. She CHOSE to have your name on there it gives you no power whatsoever as she can have your name removed and a "?" put in it's place or the word "unknown", or left blank.

Answer 5

You can and she can if that's what you guys want to do its yours just as well as it is hers . To gain custody you have to go to court same as she would have to do . If she goes out of state or you go out of state with the baby and files for custody there then you or her would have to go to that state and fight for custody or your rites as a parent . But if you find her before she files custody you can take the baby come home file custody and claim she was endangering the child's life out on the streets.

I know its all screwed up but everyone has rites. If i was you i would get it all straitened out now before she does anything foolish like that and trying to control you using the child . She either needs a shrink or needs to grow up herself.

Edit: I agree The Mrs. statement was ignorant . Ive had my son from 2 months old he is now 5 years and doing great . I truly believe if the mother got custody he would have been abused or possibly even dead . If the Mrs statement is true then woman need to get out of the mans work place and go back to what they where made to do which is " bare foot and pregnant "and taking care of the kids . Sorry Lady's just trying to show you how ignorant " The Mrs ." statement sounds.

Answer 6

I have been in a similar situation. My ex and I were seperated, but no papers had been filed. I was allowing him visitaion every weekend and one weekend he decided not to return the children to me.
I called the police and I was informed that what he was doing was perfectly legal because we had no court agreement and were legally entitled to the children equally.

Basically, either one of you can take the child anywhere at any time unless/until one or both of you file papers in a court and the judge makes a determination.

Its not even parental kidnapping until there is a court order in palce and a parent violates the order.

Answer 7

yup parental abduction and concealment its illegal in every state. What are the circumstances revolving around this? have you been giving her visitation? If she pays child support then she has every legal right to see the child, if she has no custody then she cannot take him away. If she isnt paying child support she forfeits her custody of the child. That is the surface of it, id speak with a family lawyer.

Answer 8

First of all you are the father of this child and she can not take your son and leave you there are laws for this you can go to court and explain the situation to them stopping her from taking this child from one state to another. you are the legal father and have rights.you both can get joint custody of the child

best of luck

Answer 9

If you are separated or divorced, you will have certain visiting rights to your son. Which means that she could not take him away from you. If you are legally married and there is no abuse involved, she has to stay near you. If she was to take him and leave, that would be considered as kidnapping.

Answer 10

So sorry for what you are going through. Wow the bigger question is she suffering from post partum stress? Google this question...>.Father's rights...Then Tuesday buy a hours time for a lawyer. I would guess family law. this is so sad...

Answer 11

Unless you are separated or divorced and have a custody agreement she has just as much right to him as you do. She can take him and leave. And quite frankly, at three months he needs her more than you.