English
EspañolV is worried A won't return child if he visits him - no custody order
One thing to know is that if paternity has been established, it’s is generally assumed that parents have “equal rights” to the child and so if a parent takes a child and refuses to return them after a visit, that parent may not technically be violating any laws. Therefore, the police may not get involved if that happens. This is one reason that some people may choose to not allow the other parent to take their child for a visit unless and until a custody order is issued from court that has a specific parenting time schedule. A court order would clearly state who has custody and spell out when the non-custodial parent has the child for visits and when they have to return the children. However, there can be drawbacks to filing for custody in order to prevent or limit visits because the filing parent may not get the type of custody order that they wanted and may end up with the other parent having more custodial rights or visitation rights than they had before. It’s often helpful to think through the pros and cons with a lawyer.
You may also want to talk to a lawyer for advice about what the risks are in letting the kids go with the father if you decide to do so. Also, you can ask whether you should wait to see if the other parent files for custody/visitation or if you should start a court case on your own and what the likelihood would be that he could get any sort of custody or visitation in court if it went to trial. We link to free legal services on our website [HYPERLINK]. And here is some basic information about custody if you want to read it [HYPERLINK].
Another topic that a parent who is concerned that the other parent may keep his/her child may want to discuss with a lawyer is what actions s/he should be prepared to take if the other parent does keep the child. For example, in some states, the police may get involved only if there is a custody order being violated or if the father cannot legally prove his paternity. If the police don’t get involved, the parent trying to get the kids back may have to file for custody and begin a long court battle.
