QUESTION
What can I do to ensure that my boyfriend does not take my child?
Asked on Aug 14th, 2011 on Child Custody - Arkansas
More details to this question:
I am not married and never have been but I have a 1 year old child with my current partner. I have reason to believe that he is cheating and he is trying to leave me but Im afraid he has not because he is trying to find a way to take my child once he leaves. I dont care if he leaves but I want to ensure that he cant take my child. What can i do?
14 ANSWERS
Family Law Attorney serving Everett, WA
at
Burkhalter Law PLLC
Update Your Profile
Commence a paternity action and have a court ordered residential schedule established.
Answered on Aug 24th, 2011 at 6:42 PM
Roianne Houlton Conner
You must file a petition in the child support court and receive a Court Order making you the custodial parent.
Answered on Aug 19th, 2011 at 10:10 AM
Family Law Attorney serving Pasadena, CA
at
Law Offices of Paul P. Cheng
Update Your Profile
File a paternity action.
Answered on Aug 18th, 2011 at 6:48 AM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
There is nothing you can do to guarantee that your boyfriend won't kidnap your child. But, unless there is a court order establishing that he is the child's legal father and granting him some specific parenting rights and responsibilities, his taking the child is, in fact, kidnapping. To clarify what specific rights he has so that you can more easily enforce the rules, you should begin a paternity case to clearly determine that he is the father, what his parental rights are, and what is financial support obligations are.
Answered on Aug 17th, 2011 at 6:46 AM
You should speak with an attorney about filing a paternity action (including issues relating to custody and parenting time). This way, the court can be involved in making a determination regarding your child's best interests and arranging a schedule that is best for your child.
Answered on Aug 16th, 2011 at 2:55 PM
2 Awards
Without a court order, your boyfriend cannot remove the child from the home to live elsewhere. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options.
Answered on Aug 16th, 2011 at 2:03 PM
Perhaps you can leave with your child? Since you are not married, he has no legal rights, and you have sole legal custody (by statute - laws on the books). This is true until either of you ask the court to get involved and make orders.
Answered on Aug 16th, 2011 at 1:57 PM
Civil Attorney serving Spokane, WA
at
Glenn E. Tanner, Attorney at Law
Update Your Profile
File a parentage action, seek ex parte and temporary orders when you file.
Answered on Aug 16th, 2011 at 1:49 PM
Bankruptcy Attorney serving North Olmsted, OH
at
James F. Lentz Attorney & Counselor at Law
Update Your Profile
Absent an order from the court to the contrary, you are both the legal custodians and a residential parent. At this time, your boyfriend has no say over the child at all. Please discuss your rights with a domestic relations attorney.
Answered on Aug 16th, 2011 at 1:09 PM
Patricia C. Van Haren
You should immediately contact a family law attorney and file a Petition for Custody and Visitation. Until there are custody orders in place each of you has equal rights to the child. The only way to make sure that he does not take your child is to obtain custody orders.
Answered on Aug 16th, 2011 at 12:30 PM
You need to go to court with a family law attorney to obtain a court order that clearly establishes what your custody rights are so this cannot happen. Go to wklaw.com for more information.
Answered on Aug 16th, 2011 at 12:13 PM
Family Law Attorney serving Santa Ana, CA
at
Law Office of Rhonda Ellifritz
Update Your Profile
If he signed the birth certificate, he is the presumed father. He cannot take your child away, but rather, is allowed to share visitation with you. In this case, you need to file for a court order for custody, visitation and support. If he did not sign anything that claims he is the father, he must establish his paternity before he will have any rights over the child.
Answered on Aug 16th, 2011 at 11:04 AM
Glen Edward Ashman
Do nothing. Under Georgia law you have sole custody and unless he first legitimizes the child he has no right to custody or visitation and cannot take the child.
Answered on Aug 16th, 2011 at 10:05 AM
Divorce Attorney serving Little Rock, AR
at
Law Office of Kathryn L. Hudson
Update Your Profile
An unmarried mother is deemed to have sole custody of her child(ren). If your partner has not legally established paternity through the courts his rights are minimal. In order for you to collect child support you will need to file a petition of paternity.
Answered on Aug 16th, 2011 at 8:27 AM