QUESTION
Will I break the law by keeping my little girl safe with me in another state away from her mother while filing for custody?
Asked on Mar 16th, 2016 on Child Custody - Washington
More details to this question:
I recently found out through someone that knows my three year old daughter that her mother has been calling her words I will not repeat on here and leaving her with anyone she can any time to not take care of her and have time to herself. She has agreed to let my daughter come visit for a month because she wants a break from our daughter she says. We have no custody orders yet. I fear for my daughter's safety. Is it legal for me to keep her here while I file full custody? Her mother will throw a fit but it is my daughter's interest. I am thinking about solely and foremost above what her mother will think. I read online that unmarried, separated couples with a child have legal rights to take the child any time and go anywhere that is safe for the child. Is this true?
1 ANSWER
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The first question is whether you have established your legal paternity. Unless you have done so, you are not a legal father and have no right to the child. If you are on the birth certificate, that is evidence but does not yet make you the legal father. You can go to the court in your state to get ab emergency order to protect the child. However, any action to establish a residential schedule for the child must be in the child's home state where the mother lives. Get a lawyer. This is a difficult process across two states and unlikely to be done properly by a lay person. And no, you can't just keep the child without a court order.
Answered on Apr 25th, 2016 at 6:01 PM