QUESTION

Can I as a father keep my daughter and not return her to her mother until we go to court?

Asked on Jul 12th, 2017 on Child Custody - Missouri
More details to this question:
I am a father and on birth certificate.We have never gone to court which means we've never gotten a DNA test. I'm her father, her mother and I were a couple at the time. My daughter is 5 and will be starting kindergarten this year. My ex has been threatening me with not seeing our daughter.In five years she has never allowed me to make any decisions concerning her.We live 5 hours apart. She does not plan to enroll our daughter in school until she can afford private school which I dont agree with.I want to enroll her in school here at my house.I dont plan on returning her this weekend as planned.instead allowing supervised visits until court has established custody or visitation.
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1 ANSWER

Child Custody Attorney serving Kansas City, MO at Kiske Law Office, LLC
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This is an incredibly complex issue with multiple legal questions tied in. Depending on the circumstances, generally it is found that keeping a child away from another parent can backfire and tells the court that the party does not have the ability to co-parent. Generally, Parents who are not married may establish legal paternity for a child in one of two ways: 1. Both parents may sign an Affidavit Acknowledging Paternity at the hospital when the baby is born. The Affidavit allows the parents to voluntarily declare paternity for the child. When both parents properly complete and sign their respective Affidavit, the man becomes the legal father of the child and his name is placed on the child's birth certificate. If the parents don?t complete the Affidavit at the hospital, it's not too late. The parents can contact the Department of Health and Senior Services Bureau of Vital Records or the Family Support Division (FSD) to get an Affidavit and assistance in completing the Affidavit to establish legal paternity. 2. Obtain an order naming the man as the father of the child. Typically in Missouri, a man who believes he is the biological father of a child may file a Father's Petition for Declaration of Paternity, Child Custody and/or Support.
Answered on Oct 04th, 2017 at 7:48 AM

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