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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28364
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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The mother of my friends child took their baby away in the

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The mother of my friends child took their baby away in the middle of the night and will not tell him where the child is. They had decided to separate a couple of days ago so nothing with the court has been done yet. What are his options? Could he get an emergency order based on her taking the child away without him knowing? Because I guess this is not kidnapping??
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. Was the couple married at the time? Has paternity been established?
Customer: replied 4 years ago.

No they are not married, but he knows it is his child

Thank you for the additional information. The first thing that the father would have to do is establish paternity of the child. Once that is done, he could then file a motion with the court, asking to be awarded visitation or custody of the child. As of now, there is nothing preventing the mother from leaving with the child. She does have a right to leave with the child as the mother, so there would be no basis to charge her with kidnapping. His only option right now is to proceed through the court and establish that he is the father then ask the court to award his custody or visitation, as he desires.
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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!