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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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Can a father take his child with out the mothers permission

Resolved Question:

Can a father take his child with out the mothers permission and the the mother has custody of the child and there is no legitimated paper work on that child. Also there is no child support or visition arrangements made through the courts. Ty
Submitted: 6 years ago.
Category: Family Law
Expert:  Dave Kennett replied 6 years ago.

-Could you explain your situation a little more?
How does the mother have custody if there are no court orders?

Has the father ever established legal paternity or are the parties married?

Where does the father want to take the child?

Customer: replied 6 years ago.
She has had the children since the father went to rehab. There was a verbal agreement between the father and the mother and they went over there for there visitation with the father and the mother went to the hospital for her kidneys shutting down and now the father doesn't want to give them back to the mother.
Expert:  Dave Kennett replied 6 years ago.
Dear JACUSTOMER - Verbal agreements are not enforceable in court so the mother will have to file a motion for custody with the family law court and get an order granting her legal custody. Until there is a court order each parent has a right to the children, assuming the father has acknowledged paternity. If he has not then she can try to see if the police will accept kidnapping charges but generally, without a court order of custody , the police will not get involved.
Customer: replied 6 years ago.
There was no paternity test nor has the father been legitimated he has only signed the birth certificate.
Expert:  Dave Kennett replied 6 years ago.
If he signed the birth certificate he acknowledged paternity. I doubt the police will do anything until the mother establishes legal custody through the court.
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