QUESTION
Can my ex husband come take my daughter? How?
Asked on May 05th, 2015 on Child Custody - Michigan
More details to this question:
I have a seven week old daughter and ex husband is the father. But he wants nothing to do with the child. He has not established paternity and I did not name him on her birth certificate. Do I need to show something to legally establish custody? I was told that if I do not, he could come and take her from me someday if he ever wanted and he would not be charged for kidnapping.
3 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Well, if he has no interest in the baby, then he is unlikely to come and try to take her. Unless it would be to avoid having to pay child support. Consult an experienced family law attorney. If he child was conceived during the marriage, the divorce should not have been allowed to conclude without provision for child support, as well as custody and placement. Even if the child was conceived after the divorce was granted (not entirely an unusual situation), the father is obligated to pay support. So...retain a good family lawyer. She or he should be able to determine the best kind of legal action to start, and how to start it. Good Luck. I hope your child grows up healthy and well-loved.
Answered on May 05th, 2015 at 5:07 PM
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If you were divorced before she was born, he needs to establish legal parentage. Practically speaking, however, law enforcement will not help you in domestic/civil matters. Your safest bet is always to establish custody, even if you and your former spouse agree on no support or parenting time. You should at least visit with an attorney about your options. Best wishes.
Answered on May 05th, 2015 at 3:48 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Need more details, but generally if the child was conceived during the marriage he will have legal rights (and obligations to assist in support) unless they are extinguished.
Answered on May 05th, 2015 at 3:24 PM