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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28356
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Me and my wife are seperated. No court order has been issued

Customer Question

Me and my wife are seperated. No court order has been issued saying she has custody. She has refused to let me contact my daughter. Can i go get my daughter and keep her in my care while she is with her babysitter? Her mother abuses her and i have contacted DFS in missouri already but nothing was found. Im worried for her.
Submitted: 2 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 years ago.

Good evening. I certainly understand the situation and your concern. At this time, you have just as much right to custody as your wife. Ideally, if you are separated, you would be able to come to an agreement regarding custody or visitation. If not, then you want to proceed through the court and have it temporarily ordered. Now, the major issue is that you allege that the child is being abused. If you have evidence of this, you always want to act in the best interest of the child and remove them from the situation. If there are signs and evidence, you can always contact the police and report it or if you are certain, try and peacefully retrieve the child. Of course, if you get her from the baby sitter, the police are likely to be called by the mother, so be prepared to explain the situation and the reasons for your actions.

Customer: replied 2 years ago.
I am on the birth certificate and have joint legal and physical custody at this time. And will it look bad infront of a judge if i do so?
Customer: replied 2 years ago.
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Expert:  FamilyAnswer replied 2 years ago.

No, it will not, if you have a good faith basis to believe that the abuse is present. After all, that is why you want to take the child, so if you can support that, if needed, then it will not look bad and would help your case if there are signs of abuse. The mother can be criminally charged and lose visitation and custody of the child.

Expert:  FamilyAnswer replied 2 years ago.

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!