QUESTION
Can a father legally take a child from their mother if she is living with someone she isn’t married to?
Asked on Apr 30th, 2014 on Child Custody - Rhode Island
5 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Only if the court order allows him to. Otherwise you will need to get the court to modify the order.
Answered on May 01st, 2014 at 9:55 AM
Divorce & Separation Attorney serving Jacksonville, NC
Partner at
The Houser Law Firm, P.C.
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In North Carolina, as long is there is no court order or other formal agreement in place, each parent has as much right to the child as the other so technically speaking the answer is yes. The fact that the mother is living with someone she isn't married to is irrelevant. However, you can not breach the peace to take the child meaning you can't take the child by force if the mother objects. Further, even though you have a technical right to take the child, judge's tend to frown on this sort of self help so again, even though you have a technical right to take the child, doing so may paint you in a bad light if the matter goes to court. It is highly recommended that you resolve custody issues through a formal agreement with the mother or the court.
Answered on May 01st, 2014 at 4:06 AM
If the only reason for taking the child is that the mother is living with someone she isn't married my answer is unequivocally no. That sounds like someone playing judge, jury and executioner.
Answered on Apr 30th, 2014 at 8:58 PM
Probate Attorney serving Washington, DC
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Apex Legal Services, PLLC
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He can try to get legal/physical custody....but he better have more to go on than just the fact that she and the child are living with someone she isn't married to. Much more!
Answered on Apr 30th, 2014 at 7:18 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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No, but it could be grounds for a change in custody. The fact that your ex is not married to the person she lives with does not have much bearing. The new person must have a negative impact in some way.
Answered on Apr 30th, 2014 at 6:57 PM