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How can a mother get her son back from his father if he does not have custody of the child?
Wiki User
∙ 10y ago
Contact the local police and request they accompany the guardian to the residence where the child is located. This is not an ideal solution, however a court appointed guardian is responsible for the child and legally responsible to abide by the court's guardian mandates. The police will need to see a copy of the guardianship award or some proof of the person's legal guardianship status.
Wiki User
∙ 18y ago
Wiki User
∙ 10y agoUnited States
This is a legal problem. In the United States there are laws and guidelines that govern domestic issues and no person must try to solve this type of problem on their own. The laws provide checks and balances to protect the legal rights of the individual from abuse by stronger individuals.
Since details about marital status or any existing court orders were not provided, the following is a brief general summary to help the mother plan a strategy to enforce her legal rights.
- An unmarried mother has sole custody of her child until that status is modified by a court order. The father must establish his paternity through the family court and then obtain a court order to establish his custodial rights. He may petition for joint custody or sole legal and physical custody if he believes the child would be better off with him. The court will render a decision based on the evidence.
- If the parties are married then each has equal parental rights and the father has no right to keep the child from the mother without a court order.
- If the parents are divorced the father is keeping the child from his mother without the legal right to do so since he does not have custody. In this case, his keeping the child from the mother would be against the law.
The mother should contact an attorney or a legal advocate at the court immediately. She may be advised to request a restraining order and to have the child returned from the father's home. The state laws must be applied in this case and the court will render its decision based on those laws.
If the mother has custody and the father does not, he has no right to keep the child without a court order. In that case she should contact the police.
Wiki User
∙ 12y agoShe should contact the court immediately and seek advice from a legal advocate at the family court. Children should not be used as weapons by adults who cannot get along.
If there are no existing court orders she should petition for child support order and a visitation schedule and get those court orders in place. That way, if the father refuses to return the child, she can file a motion for contempt of a court order and if the father continues to refuse to cooperate he may lose his visitation rights.
She should contact the court immediately and seek advice from a legal advocate at the family court. Children should not be used as weapons by adults who cannot get along.
If there are no existing court orders she should petition for child support order and a visitation schedule and get those court orders in place. That way, if the father refuses to return the child, she can file a motion for contempt of a court order and if the father continues to refuse to cooperate he may lose his visitation rights.
She should contact the court immediately and seek advice from a legal advocate at the family court. Children should not be used as weapons by adults who cannot get along.
If there are no existing court orders she should petition for child support order and a visitation schedule and get those court orders in place. That way, if the father refuses to return the child, she can file a motion for contempt of a court order and if the father continues to refuse to cooperate he may lose his visitation rights.
She should contact the court immediately and seek advice from a legal advocate at the family court. Children should not be used as weapons by adults who cannot get along.
If there are no existing court orders she should petition for child support order and a visitation schedule and get those court orders in place. That way, if the father refuses to return the child, she can file a motion for contempt of a court order and if the father continues to refuse to cooperate he may lose his visitation rights.
Wiki User
∙ 12y agoShe should contact the court immediately and seek advice from a legal advocate at the family court. Children should not be used as weapons by adults who cannot get along.
If there are no existing court orders she should petition for child support order and a visitation schedule and get those court orders in place. That way, if the father refuses to return the child, she can file a motion for contempt of a court order and if the father continues to refuse to cooperate he may lose his visitation rights.
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If a child is iving with the father can the mother take the child back?
The best way to handle this is to get a court order establishing legal custody.
Does a father in nc have to give back his child to the mother in sc if no court order custody is in place?
No, both parents have equal rights to the child. If the child is currently living with the father, then he has established temporary custody. A court will need to decide upon a formal custody and child support agreement.
How can a father get full custody of his child after a divorce with the mother who is sixteen?
The father will have to take the mother of the child back to court if the divorce is already finalized. Custody should have been determined during the divorce so if 1 party wants to change that, they will have to take the other person back to court again.
What if the father has custody of the child at age 17 and the child run away to the mother within the same state can the mother get in trouble with the law when she does not give the child back him?
Yes, harboring a runaway.
What action should be taken if mother wants her child to live with father but mother has full custody of 17 year old child?
The parents have to go back to court to file a modification of the custody order. They should also terminate any child support order that obligates the father to pay child support
Can an underage mother win custody of her child back?
Even though the mother is underage she still has custody of her child as long as she does not do something to get custody taken away from her
What would happen if a child is with their father for his weekend and child runs away to the mother with primary custody?
The police can bring the child back to his father since the court order says it is his weekend. The mother also have a responsibility to make sure the child is brought back and can not break the court order.
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.
For unwed parents how easy is it for the mother to get sole custody of her child when the father owes about 30000 grand in back child support for 2 other children from 2 previous marriages?
By virtue of being "unwed" the mother will have sole custody. Father will have file some type of paternity action.
Does the father have any custodial rights in Texas if the mother has custody but the child lives with the grandparents?
Do you have a court order saying you have visitation? Are you the biological father? If so then YES. Go back to court and file for custody.
I loss to custody to father how can she get it back?
Didn't you keep custody from him and he got the child back? see link
If the father has court ordered custody can the mother fight for custody?
Yes, a mother can fight for custody. Unfortunately, the courts are going to tell you no, if you can't prove the change in custody is beneficial to the child's well being.There were reasons why the father was granted custody in the first place. Generally, there must be a change in circumstances in order to take the case back to court. If nothing has changed there is no reason for the court to spend time going over the same case again. Perhaps the mother can prove to the court that the factors leading the court to award custody to the father have been addressed. Perhaps the child is better off with the father. The mother needs to convince the court that a change in custody is in the best interest of the child and not the mother's interest.
