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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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My son has filed today, s daughter lives with m no custody

Customer Question

my son has filed for divorce today, his daughter lives with him no custody has been awarded to either party. he travels for business and his wife is threatening to call the police and report his daughter as kidnapped if he leaves his daughter with me. what can he do to protect himself and I ?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.


This is Samuel and I will discuss this and provide you information in this regard.

If there is no custody order at this time, then the parent in possession is the parent in control. And as long as your son is on the child's birth certificate and can show that to the police, should they come to talk with him then they will not get involved. This is not a criminal parental kidnapping. A parental kidnapping occurs when there is a custody/visitation order and the parent does not follow the order and does not return the child to the other parent as ordered.

Expert:  Samuel II replied 1 year ago.

I suggest, however, that he can go to the clerk of the court where he filed for the divorce and request an emergency hearing for temporary custody of the child.

Expert:  Samuel II replied 1 year ago.

At this time, he does not have a legal obligation to allow the Mother to have the child without a court order saying such. And if he gets the Temporary Custody, then there will be a hearing for the Mother to appear and show cause as to why she should also have some sort of custody or visitations with the child

Expert:  Samuel II replied 1 year ago.

Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please post them here. Otherwise, I appreciate your Positive Rating as that is how I get credit for my time and information.

If you received an invite to participate in a phone call, that is automatically generated by this site. I do not participate in phone calls offered by this site, but we can continue here.

Thank you