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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 37757
Experience:  30 years as a family law lawyer .
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i have my child and i dont want to give her back to ...

Resolved Question:

i have my child and i dont want to give her back to her mother. there is no parenting plan. can i keep her.
Submitted: 8 years ago.
Category: Family Law
Expert:  RayAnswers replied 8 years ago.
Thanks for your question. If you are married to the mother then both parents are considered to have joint custody if they are still married. If you are not married to the mother then you would have to file for paternity here to have any rights. You are going to need the court to give you rights of custody here.

If you are not married here then you will need to return the child. Even if you are married unless there is a custody order the mother may attempt to file charges here in this situation. If you are married then it can be a real gray area here, you would have joint custody here and I'm not sure the police would intervene here.

The best plan here would be to obtain a lawyer and file for custody in the matter. The court could hear this on an emergency basis and issue appropriate orders in the divorce case. I wish you good luck here.


Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.


Customer: replied 8 years ago.
Reply toCustomers Post: we are not married but paternity has been made. do i still have to give her back
Expert:  RayAnswers replied 8 years ago.
Yes, here unless you have a custody order then you do not have the right to keep her here unfortunately. You will need to get the court to grant you custody. She could file charges on you here and you don't want that...
Customer: replied 8 years ago.
the mother has all rights and i have no rights as a father how can that be?
Expert:  RayAnswers replied 8 years ago.
You have potential rights. But you have to file for custody to have the court acknowledge your rights and order custody to you here. It is differnt in that sense that if you were husband and wife. The law does treat a father in a non marriage situation differently than a husband/father.



Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.

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