Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

My daughter and her husband had a fight and now he is taking…

Customer Question
My daughter and her husband...
My daughter and her husband had a fight and now he is taking the children and leaving. Can he do that
Submitted: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 3 minutes by:
2/21/2016
Family Lawyer: Barrister, Lawyer replied 2 years ago
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 43,083
Experience: Attorney with 17 years experience
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

If the husband is on the birth certificate as the father of the children, then he is presumed to be the legal father. As the legal father, both he and the mother have exactly equal custodial rights to the children. That means that whoever has physical custody of the children has the legal right to do so and the other parent can't compel them to turn over custody without a court order.

.

So the short answer is yes, he can legally take the children with him if he is on the birth certificate.

.

.

thanks

Barrister

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 43,083
43,083 Satisfied Customers
Experience: Attorney with 17 years experience

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

43,083 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
My daughter lives in Thornton, Co and is wanting to come
My daughter lives in Thornton, Co and is wanting to come back to Nebraska to visit her family and her husband says she can't take their son with her. She is afraid if she comes with him that he will f… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am in australia and would like some help understanding a
I am in australia and would like some help understanding a situation with my daughter and children in the us on a holiday visa … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My daughter was always told y her adopted father my ex
My daughter was always told y her adopted father my ex husband he would take care of her financially. He even adopted her as an adult. He told someone recently he had taken care of her when he found o… read more
Barrister
Barrister
Lawyer
Doctoral Degree
43,083 satisfied customers
I am not even sure ANYONE can help at this point....
I am not even sure ANYONE can help at this point.... … read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
I'm the grandfather and my daughter is attempting to leave
I'm the grandfather and my daughter is attempting to leave with my 22 month old granddaughter and 8month old grandson with no money and nowhere to go because she and her mother had a fight. The father… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
My husband's daughter and my stepdaughter she came over here
My husband's daughter and my stepdaughter she came over here legally and had two children are eight and six now and her husband or her boyfriend they are not legally married he can't legally cross unt… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My husband is in the AF and deploying in 6 months and will
My husband is in the AF and deploying in 6 months and will be gone months. He and his ex have 50/50 custody with the agreement that if one parent was to leave the area the ex would get the daughter th… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,624 satisfied customers
My daughter and her husband, not the children's father are
My daughter and her husband, not the children's father are doing drugs, fighting and not taking care of my grandchildren ages 7, 9, and 11. I want to take temporary custody of them. I would like to do… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,520 satisfied customers
My husband has two children from a previous marriage. The
My husband has two children from a previous marriage. The boy is over 18 and his daughter is about to turn 18 in a couple of months. My husband has problems dealing with his ex-wife. She is very manip… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
My husbands ex-wife is constantly harassing us via e-mail and
My husbands ex-wife is constantly harassing us via e-mail and text, we are a mixed family marriage and I have 2 children 1 15 years old girl and a 7 year old boy, my husband has a 19 year old girl who… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
Divorce and child custody legal advice needed ASAP Ok i
Divorce and child custody legal advice needed ASAP Ok i need help, i have a friend who is in a really bad marriage, and situation. BotXXXXX XXXXXne, she needs to leave WITH her two year old daughter A… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My daughter and her husband have been separated for several
My daughter and her husband have been separated for several years now, he had custody, but relinquished them (ages 12, 10, and 8) to his half (at that time 18 yr old) sister. They are in Washington St… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
can a judge take children away from their mother just because
can a judge take children away from their mother just because she refuses to move to the state in which the custody case was filed - I am the grandmother and I live in NC- my daughter left her husband… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Should I see a lawyer before leaving my husband we live in
Should I see a lawyer before leaving my husband? we live in California and I plan on leaving with my daughter. He is an alcoholic. Not abusive, just drinks heavily everyday.… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
My husband was accused of sexual penetration with our step
My husband was accused of sexual penetration with our step daughter. No charges were brought against him pending a medical exam. The medical exam cleared him. Now the police want him to come to the po… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
Please help! Its Veterans Day and I cannot find an open Attorneys
Please help! It's Veteran's Day and I cannot find an open Attorney's office for help with an urgent matter. My daughter in North Carolina had her three children taken away from her last night by an ex… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,012 satisfied customers
I am a maternal grandmother fighting for custody of my grandchildren.
I am a maternal grandmother fighting for custody of my grandchildren. We started on Aug.27,2008.The father was on my petition.The father had an attorney that had done something wrong,got caught,and as… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,520 satisfied customers
my husband was ordered to pay child support in Aug 07. in ...
my husband was ordered to pay child support in Aug 07. in the state of louisiana. this decision was based on their COMBINED gross income. Since that decision was made and due to the enormous amount of… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x