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EspañolFather has child; can mother just take back the child - no custody order or case filed
In terms of getting one’s child back from the child’s other parent, if there is no court order involving custody, the law generally assumes the parents to have equal rights to a child once the father’s paternity is established. (One thing to note, however, if that even if there is no custody order, there may be restrictions in place against changing the child’s residence if one parent has already filed a custody petition.) So, in situations where there is no custody case filed and no court order, if a parent wants the child, s/he may pick up the child from school or another location and take the child to his/her home. However, it’s often good to review one’s situation with a lawyer first to make sure that taking the child from the place s/he was living without that parent’s agreement wouldn’t violate any laws. A parent has to be especially careful with not violating any custodial interference/parental kidnapping laws if the child is living in another state and the parent plans to try to pick up the child and take him across state lines.
One reason why a parent may choose to not just pick up his/her child and take him/her is because the parent worries that this will endanger the parent, endanger the child, that the other parent might then just retaliate, or that the other parent may just do the same thing the next day, starting a vicious cycle. This is often where the court system comes in. Any parent can file for custody of a child at any time in court. Having a lawyer is often best but a parent can file on his/her own. Here is the information that we have on custody on our website: LINK And here are the factors that a judge will consider when deciding which parent should get custody: LINK
When filing, it may be possible for a parent to ask for an immediate temporary ex parte order of custody while waiting for the return court date. However, in some states, this may only be ordered if the child is in danger with the other parent. You may want to talk to a lawyer to get advice as soon as possible. Here is a link for free legal services: LINK If you can’t find free legal help, you may want to get a consultation with a private lawyer about your situation - the Bar Association offers $FILL IN DOLLAR AMOUNT consultations:
LINK
When talking to a lawyer, a parent may want to ask some of the following questions to the lawyer:
1. Is there any law that would prevent him/her from taking back his/her child without a court order?
2. Under what circumstances might a judge issue an immediate temporary custody order if s/he files?
3. Would it be best to have the child in his/her home with her when s/he files for custody? Or should s/he file even while the child is with the other parent?
