QUESTION
What are the father’s rights if the mother and grandparents of the baby wants to take the baby away from him?
Asked on Mar 27th, 2014 on Child Custody - Washington
More details to this question:
The father is the one who watches the baby and has his name on the baby’s birth certificate. Then the baby’s grandparent calls the police to take the baby from the father. Because the father was caught by the mother having an affair, while he stays home to watch baby. They are not married and they both didn't file for custody. If the baby is safe with the father can the officer take the baby away from the father and let the mother or the grandparent to take the baby?
4 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Only if there was an allegation of abuse. Dad needs to file for custody now so that there is a court order the parties will have to obey.
Answered on Mar 31st, 2014 at 7:11 PM
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
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Without an order from the court or obvious endangerment to the child, law enforcement can not take the child in North Carolina. Mom and grand mom would have been wiser to trump up a Department of Social Services case than to call the cops.
Answered on Mar 31st, 2014 at 7:10 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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If dad hasn't been adjudicated the father and been given custody rights by the court, mom has sole custody and can decide what happens.
Answered on Mar 31st, 2014 at 7:09 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Yes, because the father has not done what he needs to do to establish himself as the legal father. File a petition for parenting plan/child support. Until the court has entered a parenting plan he has no right to the child.
Answered on Mar 28th, 2014 at 7:21 PM