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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 34262
Experience:  Attorney with 16 years experience
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My daughter and her husband had a fight and now he is taking

Customer Question

My daughter and her husband had a fight and now he is taking the children and leaving. Can he do that
Submitted: 11 months ago.
Category: Family Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If the husband is on the birth certificate as the father of the children, then he is presumed to be the legal father. As the legal father, both he and the mother have exactly equal custodial rights to the children. That means that whoever has physical custody of the children has the legal right to do so and the other parent can't compel them to turn over custody without a court order.

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So the short answer is yes, he can legally take the children with him if he is on the birth certificate.

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thanks

Barrister

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