0
United States
A father cannot take a child from its mother. He needs to try to get custody through the family court.
Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child if the mother retains physical custody.
If the parents are married they have equal parental rights. The father's rights are not superior and he has no authority to keep the child from the mother without a court order to that effect.
To succeed in a petition for custody the father would need to provide evidence that the mother is unfit. The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:
- physical, emotional and sexual abuse
- excessive discipline
- failure to protect the child from abuse by others
- failure to report abuse of the child
- neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
- failure to provide proper medical care
- failure to provide day to day parental care
- serious illness or disability
- mental illness
- substance abuse or addiction
- Alcoholism
- criminal activity and/or associations
- incarceration
- conduct or conditions that are seriously detrimental to the child
- abandonment
- child endangerment
- leaving the child unattended or in the care and supervision of a child
- a failure to provide adequate supervision
- unsafe living conditions
- a medical condition that makes it impossible for the parent to adequately care for the child
Wiki User
∙ 11y ago
Wiki User
∙ 13y agoNo, nor should it be possible. You take nothing from the mother. The issue is what is best for the child. Properly, that's both parents. There should be a clear and concise reason to challenge for full custody.
Wiki User
∙ 15y agoAs always, it depends on the circumstances and on human judgement.
Anonymous
What are the legality of a father seeking a child away from a mother?
Add your answer:
Earn +20 pts
In Michigan if two people have a child together with no custody agreement can the mother take the child from the father?
Only in cases of illegitimate births. Well, the mother can take the child but she can't stop the child from seeing the father. the child deserves to see the father in their life. The father can also take the child back and the parents can share time with the child. Or the child can make his/her own decision to live with the mother or father.
If the father gives up rights to the child can the mother still collect child support from the father?
no the mother should have the legal obligation to take care of the child
If a father that is married to the mother of his child and is on the birth certificate can the mother take the child and move away without telling the father?
no see links below
Can a mother take her child away from his father a few months?
The only way a mother can take a child away from the custodial father for a few months is if the custodial father approves of it in writing, and the Court approves it if the child is taken out of the State. Without approval from the father, the child can only be taken if: 1. The mother has Sole legal custody of the child. 2. There are no orders that the father be allowed any visitation.
What rights does a man found to be the father by default have to said child?
If a father finds out he is the biological father of a child, he has as many rights to the child as the mother does. He can take the mother to court for custody or to set up a parenting plan.
How can a mother keep her child away from their father in Ohio?
Take him to court!
Does the father have a legal right to know who is living in the same household as his child?
Generally, no. The father does not automatically hold that degree of authority over the child's mother and the mother does not hold that degree of authority over the father. If the father believes there is a situation that creates an unsafe environment for his child then he must take the matter to court and ask for a court order.Generally, no. The father does not automatically hold that degree of authority over the child's mother and the mother does not hold that degree of authority over the father. If the father believes there is a situation that creates an unsafe environment for his child then he must take the matter to court and ask for a court order.Generally, no. The father does not automatically hold that degree of authority over the child's mother and the mother does not hold that degree of authority over the father. If the father believes there is a situation that creates an unsafe environment for his child then he must take the matter to court and ask for a court order.Generally, no. The father does not automatically hold that degree of authority over the child's mother and the mother does not hold that degree of authority over the father. If the father believes there is a situation that creates an unsafe environment for his child then he must take the matter to court and ask for a court order.
If a father of a child has severe mental illnesses in the past and the mother of the child dies can the mother's sister take the child without the father's permission?
yes, because god knows what the father can do to the child The parties should seek legal custody through the courts.
Can a divorced natural father of a child take residency of the child if the mother dies?
Certainly, by court order.
Can a mother of a child take the child to another state when the father is in the army in Iraq?
With his approval, or the approval of the courts.
Can a unmarried mother take her child out of the UK without the child father's permission?
yes if she has full custody
Can green card holder father take child fro the illegal mother?
no
