QUESTION
Can I prevent my husband from taking our daughter on the ground that she is too little to go with him yet?
Asked on Feb 07th, 2013 on Child Custody - Colorado
More details to this question:
I've never taken his rights away from seeing our daughter but he threatens me that he would bring the custody to court all the time. I believe she is too little to go with him alone. She is only one. Can I prevent him from taking our daughter?
12 ANSWERS
Family Law Attorney serving Ridgeland, MS
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Thompson Law Firm, PLLC
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With no Order in place you each have equal rights. Go see an attorney about pursuing a custody case.
Answered on Feb 10th, 2013 at 11:29 PM
If there is not a court order stating otherwise and you feel it is not in the best interest of the child to travel alone, out of town/state without you, you are not obligated to allow her to leave. If, however, the court is involved in your present situation, you must follow any court order that is in place.
Answered on Feb 08th, 2013 at 3:05 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Don't be afraid of court. Chances are, the court will side with you rather than him. Of course, just going out of town is not that big a deal. If he has your daughter for a weekend, why should he stay in the town. Moving to another location is a completely different matter. Your really should file a custody action and let the court decide what custody arrangement is in the best interests of the child.
Answered on Feb 08th, 2013 at 3:04 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Right now, with no court order you both have EQUAL rights, see an attorney, bring an action and get an order defining the individual parents rights.
Answered on Feb 08th, 2013 at 3:04 PM
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
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You need to understand that you do not have the authority to take the fathers rights away - only a court can do that. If you attempt to restrict his visitation without going through the court you had better have an extremely compelling reason or you may be the one who ends up looking bad in court. Since you admit you have told him he can not take her out of town and are restricting his visitation, it is perfectly understandable that he would threaten to take you to court and he probably ought to. If you have been restricting the visitation unreasonably there is a possibility he would win. Because he doesn't help enough and merely 'believing she is too little' are not sufficient reasons for you to restrict visitation. You say you want to do what's best for your daughter - then let her visit with her father and quit using the child as a means to harass your ex.
Answered on Feb 08th, 2013 at 3:04 PM
John Arthur Smitten
If not married the father has no rights until such time as he files a petition with the court to establish his rights.
Answered on Feb 08th, 2013 at 3:03 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It sounds like this is a non-marital child. If there is no court order saying otherwise, you have all the say you need as to when and how the father sees the child. That having been said, he could file a paternity action in which he would be declared the father, and the court would decide issues of child support and legal custody and placement. You could file such an action also, and you might very well want to.
Answered on Feb 08th, 2013 at 3:03 PM
2 Awards
You need a court-approved parenting plan. Talk to a family law attorney.
Answered on Feb 08th, 2013 at 11:02 AM
Father has equal rights to the child.
Answered on Feb 08th, 2013 at 11:02 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Get orders that specify what is permitted.
Answered on Feb 08th, 2013 at 11:01 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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On his time he can do what he wants unless its written into the custody orders no traveling out of town.
Answered on Feb 08th, 2013 at 11:00 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If there has never been any court action you should ignore the threats until he actually does something. Until a court gives him specific rights and establishes specific rules for you, the father has no legal rights whatsoever and you can make every decision yourself.
Answered on Feb 08th, 2013 at 10:59 AM