My friends ex took his 2 year old little girl away that he had been sharing 50% custody for 7 months with and had been there with her from birth. He loves his girl like his own damn child which wow it is she's being selfish and sais shes taking the child away because she sais she's afraid her child will get hurt because he drinks. He is in my opinion like any other great dad with his own life going on with a new girlfriend in their own apartment. The little girl has her own room.
what are the laws on this kinda thing about kidnapping or what are his rights on this situation and what should he do to get her back because it is his week to have her like they have been agreeing on untill the change on x-mas eve started with the ex girlfriend the mother of his little girl.
2007-12-26 11:42:33 · 6 answers · asked by Daniell 2 in Pregnancy & Parenting ➔ Toddler & Preschooler
I was being a smart *** when i said he loves the child like his own. This is his child. Sorry you all got confused! He is the father of the little girl. He is on the birth certificate. Can he take the child away from her then?
2007-12-26 13:24:13 · update #1
"He loves this girl like his own damn child."
Is the child is, or does he just love her like his own? That makes all the difference. If he's not the biological/legal father, he has no rights - period.
Secondly, the drinking could be a problem. He could very well be a great dad, but if he's drinking (especially when he has her), it could greatly effect his chances of getting visitation.
The new girlfriend has no bearing on his chances of getting custody; it won't help him win in court. In fact, having a live - in girlfriend has hurt many fathers' chances of getting visitation.
It's kidnapping if there is a court order for visitation in place, and the mother is violating it. If there is no court order, the mother is perfectly within her rights to decide whether or not he can see the child. If he is indeed the legal/biological father and he doesn't have a court order, he needs to get his butt into court and get one. Otherwise, he shouldn't even bother. The court will not award visitation to him if he's not her "real" dad. The mother is free to do whatever she wants with her child, and it's hardly considered kidnapping.
*Edit* Again, he has no rights and it isn't considered kidnapping if he doesn't have a visitation order. A verbal agreement won't hold up in court.
2007-12-26 12:00:20 · answer #1 · answered by SoBox 7 · 0⤊ 0⤋
Depending on the state you live in the agreement that was made between the parents can be used in a court later on and showen that there was a active role in both the parents life with this child. Now what has to happen is a court case needs to be started its the only way that both parents can legally have custody and well if one of the parents has the child and says no you cant have him/her then well they cant even if cops are called the police cant do a thing to either of the parents. Now only some states let this happen. Alaska is one state that says if a parent is absent for 3 months then the other parent has custody of the child and can file for visitation rights for the other parent and if the other parent does not agree with it then tough. There is more to what is done up there but its in place cause most parents (mothers and fathers) leave and never come back EVER. So look at the laws and then see what your friend can do. I do know that if there is a child support case in place already its not a custody order, if one parent pays for the child then that parent also has rights to that child and cant be held away from the child unless something unlawful has happened.
So look up your laws and see what can and cant be done. then when in Doubt call a lawyer. They have free consults and you cna ask one question (consult means interview) and I woudl ask "What can you help me with in my situation" and explain it very short but to the main points. It will help trust me.
2007-12-26 20:00:58 · answer #2 · answered by Arizona Chick 5 · 0⤊ 0⤋
1. if this child is not his, there is nothing you can do.
2. if there is no court appointed custody in place than you can do nothing
3. if he is not on the birth certificate...there is nothing you can do.
so until one of these things is changed with the court...there is nothing that you can make the mother do. he can get a lawyer and get a dna test to prove he is the father, get his name on the birth certificate and then fight for rights of this child.
2007-12-26 19:52:37 · answer #3 · answered by mrs_nisius 3 · 0⤊ 0⤋
If he doesn't have a parenting plan with this woman he does not have a leg to stand on. Tell him to go file in court and not be stupid and get in trouble. This honestly doesn't sound like the best reason to take a child from their mother.
2007-12-26 19:47:54 · answer #4 · answered by Me, again 6 · 1⤊ 0⤋
So...the kid isn't really his, and there is no court order for his visitation rights? Sounds like he doesn't have a chance. It is hardly kidnapping for the child's mother to keep the child. Sorry.
2007-12-26 19:54:54 · answer #5 · answered by missbeans 7 · 2⤊ 0⤋
If they have court ordered 50/50 custody and it's not her time to have her it's kidnapping. If they don't have some legal document that says when they are to have visits and such then it's not kidnapping.
2007-12-26 19:51:51 · answer #6 · answered by adrianne M 4 · 1⤊ 0⤋