the mother has a court date comming up and she will be put in jail and this is not the first offense so would he be wrong if he got her now and just didnt take her back i witnessed the child high her mother is young and she just dont care we have a birth certificate what else should we get.
2007-12-29 01:22:14 · 12 answers · asked by Anonymous in Pregnancy & Parenting ➔ Parenting
u know i hate to see my boyfriend so upset about it all she has another child and she tried 2 get him 2 sign the birth certificate she just shady and i hate to see kids be used as a way of income she has no hsd or ged shes not trying
2007-12-29 01:42:52 · update #1
ok when i came into the picture she was leavin the child days at a time and asking for like 3-4 hundred dollars every 2 weeks then we decided she was being outragous so we took her the child support papers 3 months later we went to a meeting not court there was no judge no lawyers they agreed on 128 every 2 weeks there was no mention of visitation we made monthly attempts and we were denied she refused at christmas we begged 2 see her and the only reason we were able 2 was because there were gifts involved she let us see her 4 an hour at her aunts house.
2007-12-29 02:19:03 · update #2
What many mothers do not know is that the father of a child has equal rights under the law UNLESS full physical custody has been granted to the mother through the courts. This is true regardless of whether his name is on the birth certificate or not. [he can prove paternity in the courts if not]. If he wishes to establish custody HE should go to court immediately...and NO, it is not kidnapping, however he should cover himself by taking the necessary steps, legally and perhaps with your local DHR.
Bearing the child and raising it does not constitute custody, unfortunately - though if the father has not been involved at all, that does weigh heavily in the mother gaining custody. In the circumstances you cite above, she may be in danger of losing custody to him, if not at least temporarily.
Women who bear children out of wedlock MUST/SHOULD go to court to establish custody - otherwise they place themselves in jeopardy in those rare circumstances when the father MAY seek to gain custody of the child, for whatever reason.
2007-12-29 01:32:40 · answer #1 · answered by sage seeker 7 · 0⤊ 2⤋
If there is a court order for visitation in place and he doesn't comply, yes he will be charged with kidnapping. Even if she's in jail and he just takes off without a court order, she can file to have the child returned when she gets out of jail. If it happens that way, it very well may effect his chances of getting custody at all. My advice would be for him to get custody by going to court. As long as he has nothing questionable on his record, he'll get custody if Mom is in jail.
2007-12-29 01:42:31 · answer #2 · answered by SoBox 7 · 2⤊ 0⤋
what sage seeker fails to mention is that it varies from state to sate. I know from experience in Illinois my kids father cannot just take the kids because we were not married. He will have to go thru the court system or to make things faster have ur boyfriend call dcfs and let them decide if the child needs to be moved to your bfs home instead. if she or someone on her family side handed the child to you then no that's not kidnapping but u cant just take a child from someones custody without their permission u will have the police called on you. Even if her or her family is no good you still have to go to court and get custody it is tricky though it all depends on your state.. here in Illinois if you are not married then the father cannot just take the child. Your boyfriend can call dcfs and tell them the mother is no good and legally they will prolly hand the child over to your boyfriend. there will prolly be a DNA test involved as well.
2007-12-29 02:32:34 · answer #3 · answered by missology 101 2 · 1⤊ 0⤋
It all has to do with who has legal physical custody. Were they married? If not, but only has to pay child support the court would still have just set visitation times. He has to abide by that or be in contempt of court and subject to arrest.
If they have joint custody and no set visitation in a divorce degree then if he has the child with him he is not kidnapping the child for he has joint custody with the law.
If only separated but not divorced and the laws have not determined a custody for said children then he has as much right to the child as the mother...UNTIL the court decides who will have physical custody....This pertains to married but separated cases only that have not gone before the courts yet.
2007-12-29 01:51:13 · answer #4 · answered by Gypsygrl 5 · 2⤊ 0⤋
You can't take a child without court permission. Period. It doens't matter if you're on the birth certificate or not. There are plenty of missing kids out there who were abducted by their one biological parent. He can't just claim full custody without it going throught he courts. Seek the help of a lawyer/legal aide.
2007-12-29 02:04:04 · answer #5 · answered by glurpy 7 · 1⤊ 0⤋
I would definitely call a lawyer in your county. Rules differ. I had a bad experience where my son's father took him - I called the police and was told that if the person is on the birth certificate, that person can have the child for up to 24 hours before it is considered kidnapping (Kent county, MI).
If you think the child is in danger, definitely call the police ASAP.
2007-12-29 01:39:09 · answer #6 · answered by Melissa E 4 · 3⤊ 0⤋
He needs to go to court and get full custody. The courts will also want to know why you or your boyfriend didn't report that mother when you witnessed that child high.
2007-12-29 02:08:57 · answer #7 · answered by Anonymous · 1⤊ 0⤋
THIS IS TOO MUCH!!!
I recommend you to tell her or your boyfriend find a lawyer to talk to or stand-by IF somethings happens. And I need to tell you don't hurt or harm the opposite party, because if they find out you got a lawyer... They will sue you back! Just play safe... don't be act up... See the conditions... Time makes decisions... JUST! wait to the mother is in jail and 'poof' SNATCH THE CHILD BACK'
And if a father took the child away and treating it without harm is not kidnapping.
2007-12-29 03:31:09 · answer #8 · answered by Unclone 3 · 0⤊ 1⤋
unfortunately if the mother has custody legally it is considered kidnapping.
sounds like he wont have any trouble getting the child legally though if he pushes for it if what you said is true.
2007-12-29 03:34:20 · answer #9 · answered by Anonymous · 1⤊ 0⤋
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2016-10-02 12:57:20 · answer #10 · answered by brandl 4 · 0⤊ 0⤋