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legaleagle
legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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Parents never married, no rights set up by courts, live in

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Parents never married, no rights set up by courts, live in Iowa, father took child and won't let mother see him, child lived with mother full time until 3 weeks ago. Can mother get the child and what rights does she have?
Each parent has an equal right to custody of the child when there is no court order for custody. So if the mom gets the child in her physical custody she can refuse to return him to the father just as the father is doing to her now. If she can not afford an attorney she needs to go to legal aid.
Customer: replied 7 years ago.
Does the mother have any rights? Should she get the child or should she just seek aid and wait to see the child and if she does are there legal ramificaitions?

Each parent has an equal right to custody of the child. The court will have to determine what custody arrangement is in the best interest of the child. She can not get the police to force the father to turn the child over to her but if she picks the child up from daycare or school she does not have to return him to the father. It is best to contact legal aid asap and get a temporary order that forces the father to return the child to her pending a final custody order.

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