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Roger, Attorney
Category: Family Law
Satisfied Customers: 30909
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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is it true that if your babies mother takes your child away

Resolved Question:

is it true that if your babies mother takes your child away and doesn't allow you to see him you can charge parentel kidnapping? even if you have not been recoginized ry the courts as the father and just signed the papers at birth?
Submitted: 6 years ago.
Category: Family Law
Expert:  Roger replied 6 years ago.

It depends whether there is a court order setting out custody and visitation. If there is no court order restricting a parent's right to his/her child, either parent can take the child anywhere he/she wants to and it is not against the law.


However, if there is a custody order in place and the parent violates the order and refuses to return the child or runs off with the child, that parent can be charged with parental kidnapping.

Customer: replied 6 years ago.
so she can sit in another state and not allow me to see my son even if she has gotten state aid from the state where my son was born?
Expert:  Roger replied 6 years ago.

Yes, until you file a petition to establish custody and visitation. Once you get a court to set up timeframes for these matters, you'll have grounds to file contempt and other criminal charges (including parental kidnapping) if the court order is violated.

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