QUESTION
Will the father have to return the child if there are no custody papers drawn and the mother bonds out after arrest?
Asked on Mar 30th, 2014 on Child Custody - Idaho
More details to this question:
The mother was arrested for stealing, assaulting a police officer, violated probation and the list goes on and goes to jail. If there was no custody papers drawn does the father even have to return the child if the mother bonds out?
2 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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That depends on whether the father is a legal father (has a parenting plan in place). If not, it's time to do this quickly by filing the appropriate petition for parenting plan with the court and immediately setting a motion for temporary orders. If the father is not on the birth certificate, then he needs to file a petition for parentage to prove he is even the biological father and has no right to keep the child if the mother wants it back.
Answered on Apr 04th, 2014 at 12:39 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, but this is a perfect time to file for custody given mom's problems so that it is clear that mom cannot have custody and may only have supervised visitation.
Answered on Apr 03rd, 2014 at 6:38 PM