I have a child with a woman and i am fixing to leave is it legal for me to take my child?
Topic: I have a child with a woman and i am fixing to leave is it legal for me to take my child?
January 19, 2020 / By Blythe Question:
were not married i think shes abusive to my child when i am not around
were not married and i think shes abusive when im not around she has 2 more kids and doesnt have custody of them abandon 1 of them im planning on taking my daughter with me when i leave is that illegal ill file for custody the day i leave
i have no intentions of leaving the state if i get it in writing that she grants me temp custody and have it done by a notary would it then be legal
Best Answers: I have a child with a woman and i am fixing to leave is it legal for me to take my child?
Aiyana | 9 days ago
You can't take the child with you when you leave the child's mother and if you do, you could be charged with kidnapping. The reason is that you have no rights (at this point) to what you believe is your child. Let me explain why. A single birth mother automatically has full custody because she gave birth to the child so her parentage is known. But she could have slept with many men (ie. cheated on you) so you have no rights until you go to court and ask for a dna paternity test to be done. Even then, until the court rules that you are the father, you have no rights.
Once you are determined to be the legal father, you can file for visitation and set up child support. And of course, you can file for custody. Will you get sole custody? That depends on what evidence your LAWYER brings before the judge. You have to prove that she is an unfit mother and IF you can do that, you may be given an opportunity to parent your child, if you can prove you too are fit.
As for your abuse allegations, if you truly believed the child's mother is abusive, what are you doing leaving her alone with the child. You yourself could be charged with neglect if you say that you thought the mother was abusive but you continued to let her supervise the child. You should call Child Protective Services and lay a complaint immediately IF you truly believe that the child is being abused. But if you are just making these claims to bolster your quest for child custody, the courts aren't stupid and they will see through it for what it is.
And even if CPS pulls the child out of the home, you won't be permitted to take it with you. You will still have to PROVE your PATERNITY (you may not be the father at all). Also you can't just file for custody the day you leave as you still have to prove your paternity. The courts won't leave the child in your care until they KNOW that you are the child's father.
I suggest you get a lawyer and start off by asking for a paternity test. And at the same time, if you believe the mother to be abusive, call CPS and get them to take the child out of the home (if they will). You can't just take the child with you, and if you do, you could end up in jail. Do it right and do it legally!
Addendum: Parents who are not wed when the child is born do not have shared custody. The birth mother has sole custody until a court rules otherwise.
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Originally Answered: I conceived a child with a married woman, what rights do I have in relation to my child?
First, it is imperative that you establish paternity to the child. Paternity needs to be recognized in the State. And - paternity can be established through the State.
When a father's name is put on a birth certificate - it is a presumption that this man is the father. You need to prove this is your child.
Contact the Attorney General in your State .. OR .. get an attorney to have the Courts to make the mother prove maternity.
When you are legally established as the true biological father - you will have legal rights to the child. You will have financial obligations - and visitation rights. You also have the choice to seek full, or partial, custody.
In Texas, the Courts love it when the parents can solve all the problems before coming to the bench of the Judge - but if it can't be solved, then the Judge in a Court of Law will solve them.
Before you can do anything - you must prove this child is yours. When you prove the child is yours - then your parental rights will be established.
You will have rights like week-ends, holidays, during the week, medical and school records, etc.
If you and the mother cannot agree on anything, and do not get along, make sure that every detail is written out specifically.
A notarized statement from the child's mother means nothing. Custody is granted by the family court based on the best interest of the child. Consult your attorney. If you do not have an attorney, use the lawyer referral service at your state's bar association website.
Paternity can be established and included in the record of the family court. This would formalize your legal relationship to your child. Consult your attorney to get this accomplished. If you cannot afford an attorney, your state's child support agency may be able to help you.
If you do not establish a legal relationship between you and your child, attempts to take the child may be illegal.
Most importantly, if you have any suspicions of abuse, you are required by law to report to the Children's Protective Services office immediately. If you attempt to kidnap the child, you may muddle CPS investigations.
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You will be charged with kidnapping. Most kidnapping involves parents like yourself. Filing for custody, gives you no rights, you have to win first. It would be very dangerous for you to try what you are planning and traumatic for the kids and you may end up losing, perhaps, even visitations. You have to win custody first. Any other approach and you will set yourself up. You can, however, ask her permission or reach an agreement if the child could go with you to the other state (in writing).
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Contact Social Services and clue them in on your suspicions. By law they can't divulge the name of the person calling.
Your situation is an "iffy" situation. Call this 800 number if your in the US. 1-800-993-1177 or go to
They can give you the legal advice for your situation and will tell you how to protect your child.
👍 44 | 👎 -3
No, you won't be charged with kidnapping since you share custody right now. You may be charged with false imprisionment, depending on how you leave.
You need to get custody immediately upon leaving, or you can't just take the baby.
If the baby is being abused, and you can prove it, it may be as easy as visiting social services or going to the court house and filing for emergency temporary custody.
👍 36 | 👎 -7
If you believe that she is abusive towards the child than you need to build up solid evidence before you bring the whole case to court.
You won't win without solid proof. Also if you have wittness , that may be usefull too.
👍 28 | 👎 -11
she has parental rights, just as you do. If you think she's abusive take it to court. You are going to go see a judge about custody.
👍 20 | 👎 -15
you should file in court for full legal custody..if she is abusive with your child.. you need to have that investigated..call child protective services on her..child abuse is wrong..
👍 12 | 👎 -19
Originally Answered: I have forgot to put my child's homework in my child's book bag 2 times out of 6 months and now my child has to go to Saturday school.?
It's a difficult one. Whilst your daughter is still a young child, she is at the stage where she should learning to take responsibility for certain things. The school are probably trying to teach her that it should be her job to put her homework in her bag and not mummy's.
That said, the punishment does seem a little harsh for a relatively minor offence. Also, I don't think it should be as black and white as an "x strikes and you're out" policy, as there are a number of reasons why children may fail to bring their homework in. Plus, the good students who do bring their homework in on time may come to fear the inevitable occasion where they do forget it.That's one of the main reasons why blanket policies such as this can be a bad idea in schools-they punish the good kids when they make the odd mistake, and that's never good for morale.