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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 37855
Experience:  Attorney with 16 years experience
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My wife and I are separated, we have a 8 month old baby, my

Customer Question

My wife and I are separated, we have a 8 month old baby, my wife's living conditions and choices are terrble, I've filed an order of protection , can I keep my daughter until court or the judges verdict
Submitted: 2 years ago.
Category: Family Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can..Are you on the birth certificate for the child as the biological father?.thanksBarrister
Customer: replied 2 years ago.
Yes I am
Expert:  Barrister replied 2 years ago.
Ok, then from a legal perspective you both have exactly equal rights to physical custody of the child. That means that whoever has her has the legal right to do so. .So yes, you can keep your daughter until wife gets a custodial order from the court granting her some type of formal specific custodial rights...thanksBarrister
Customer: replied 2 years ago.
What if I work out of town, can she be kept legally either at my parents or my wife's parents home where my wife can visit my daughter
Customer: replied 2 years ago.
I filed an order of protection last Monday based off of threats my wife made to me stating her friends had guns waiting for me when I picked up my belongings, which was documented by our local police department
Expert:  Barrister replied 2 years ago.
If you are out of town, then legally she could come and pick up the child if she knew where she was because no one you could leave her with would have superior rights to the mother to custody of the child. Mother could call the police and whoever had the child would have to return her to the mother..But the order of protection should prevent her from having any contact with you whatsoever, even through a third party like your parents and this would be a violation of the order, if she contacted them to try and find out where you were. So you obviously wouldn't want to inform her when you were going to be out of town....thanksBarrister
Customer: replied 2 years ago.
As of friday, she will not have a legal perminate residence, she will be homeless, basically living from friends to friends homes , can I keep the baby from that situation ?
Expert:  Barrister replied 2 years ago.
Yes, until she gets some type of court order stating otherwise, you can keep the child indefinitely...thanksBarrister