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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2166
Experience:  Practicing Attorney with 10 years experience
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My son was just married 8-7-16. They have a one month old

Customer Question

My son was just married 8-7-16. They have a one month old baby girl. She was upset, so she left to go stay with her father and took the baby with her. My son told her he did not want her to go and to stay. She was upset and said she was unhappy in life, and did not love him, even with thoughts to the point of doing harm to him. After my son heard her say this, he decided to let her go to her dads house. She called my son, when she arrived at her fathers house 5 minutes away and told my son he could not see the baby tomorrow, (when he said he wanted to see the baby) or in a week or ever, that her and someone else is going to raise the baby. He is the father of the baby and is on the Birth Certificate. This is in Montana. What are his rights? Can she take their baby even though he doesn't want her to?
Submitted: 1 year ago.
Category: Family Law
Expert:  Asad Rahman replied 1 year ago.

I am very sorry to hear this. Legally has every right to see his child. He does need to file for custody and court however because without a court order there's no way to force her to allow visitation

Customer: replied 1 year ago.
How does he get a court order?
Expert:  Asad Rahman replied 1 year ago.

Ideally he should hire an attorney to help but if you go down to the courthouse they will give him the necessary paperwork to file for custody and possibly divorce if they'd like.

Expert:  Asad Rahman replied 1 year ago.

Again I suggest that you contact the agency I mentioned. They can also ensure that the military is informed and deduct his child support from his paycheck

Expert:  Asad Rahman replied 1 year ago.

Sorry that was intended for another customer

Expert:  Asad Rahman replied 1 year ago.

If you have any additional questions just let me know otherwise a positive rating would be appreciated.