Can I legally keep my son from his father if there is no court order? - Child Custody Law Questions and Answers- LawQA.com

Free Answers to your Legal Questions by Lawyers.
ask »


Can I legally keep my son from his father if there is no court order?

Can I legally keep my son from his father if there is no court order?

Answer By Armand Fried

Contact this Attorney Now

If there is a good reason - for example, you reasonably fear for the child's safety when with his father - then it may not count against you if and when you go to court. If yu are doing it just to "punish" the father - for good reasons or bad - a lot of judges will in fact hold it against you in deciding custody and visitation. The best thing to do is go to court and get an order setting out custody, visitation, and child support. That way there is no guessing.

Answer Applies to: Nevada
Replied: 11/1/2011

Answer By Maury Beaulier
Beaulier Law Office
Contact this Attorney Now

Until there is a court order to the contrary, unmarried parents do not have equal rights. A mother is presumed the custodial parent until a court order establishes otherwise. However, depriving a parent of contact with their children without good cause can be considered by a court when a custody determination is made. In most cases, the children are better served by mediating a custody and parenting schedule until a court can hear the issue as part of a custody case and issue an order based on what it believes to be in the best interests of the children.

Answer Applies to: Minnesota
Replied: 10/31/2011

The Davies Law Firm, P.A.
Contact this Attorney Now

You should get some advice from a lawyer before you do anything. You do not want a Judge to decide that you have been unfair to his father by doing this.

Answer Applies to: New Jersey
Replied: 10/31/2011

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
Contact this Attorney Now

Mom and Dad have equal rights until a court orders otherwise. So, yes and no. The bottom line is that you can, but so can he. The police will not assist either of you until the Court gets involved, so my suggestion is get some court orders.

Answer Applies to: Texas
Replied: 10/31/2011

Answer By Calvin S. Louie
Louie & Kitsuse
Contact this Attorney Now

This is an extremely complex question. Normally, parents are obligated to promote visits between parent/child. If you do not have good grounds such as danger, to keep your son from visiting father, it can backfire and cause you to lose custody of your son.

Answer Applies to: California
Replied: 10/31/2011

Answer By Janice Alfred
Alfred Law Firm
Contact this Attorney Now

If the child was born out of wedlock in the State of Georgia and the father has not legitimated the child, then he legally has no rights when it comes to the child. The question is, why would you want to do so? Is there a fear that allwong him to see the child will harm the child in some way? Note that if the father does decide to legitimate the child and seek custody or visitation, evidence of you deliberately keeping him from the child could be used against you in court.

Answer Applies to: Georgia
Replied: 10/29/2011

Answer By John Hugger
Attorney & Counselor at Law
Contact this Attorney Now

I would never suggest doing so. If parenting time with the father would endanger the child' physical well being or psychological development a Court may issue you such an Order. Consult with an attorney.

Answer Applies to: Colorado
Replied: 10/29/2011

Law Office of James Bordonaro
Contact this Attorney Now

No. You may face criminal charges too. It's better to get a court order early on that grants you custody.

Answer Applies to: Kansas
Replied: 10/29/2011

Answer By Jody A. Miller
Law Office Of Jody A. Miller
Contact this Attorney Now

If you are not married and the father has not legitimated the child and there is no custody order, then yes you can legally keep the child away from the father. If you are married then you can remove the child from the marital home, but the father has equal custodial rights and can file a court action requesting a custody order.

Answer Applies to: Georgia
Replied: 10/28/2011

AyerHoffman, LLP
Contact this Attorney Now

In the absence of a court order or protection order, your son's father has a right to see your son.

Answer Applies to: Massachusetts
Replied: 10/28/2011

© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy