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February 2011 Moms
legal question (BR)
my fiance's name is on dd's birth certificate. what legal rights does he have?
we've been going through a pretty rough time. lately he likes to tell me to leave him. i know this will pass because it's due to us barely being able to pay our bills and maintain food in our apartment.
i want to take dd with me to my parent's house (20 minutes away) for a week or so. that will give us both a chance to think and cool off.
can i do that or can he call the police for kidnapping?
This discussion has been closed.
Re: legal question (BR)
I'm sorry, but I have no idea- can you contact a family lawyer for a free consultation? Maybe they'll help you over the phone, even? GL- what a sour situation....may it get better for you real soon.
I'm not a lawyer so everything I say could be completely false, but I believe he has the same legal rights that you have until a court decides otherwise. I would definitely contact an actual lawyer because you want to protect yourself in case he does say you're kidnapping the child.
Do you think you could explain to him that you'd like to take a couple of days to cool off at your parents house? Then agree to set a date for your return to discuss things after that period. That way you've consulted him about the whereabouts of your daughter and he knows you plan to come back.
*Not a Lawyer, just personal experience* You can take her to your parents house. He can complain but it will have to go to court. You wont be arrested for kidnaping because they are your children too, and there isn't a court order saying you cant take them anywhere. The wise way to do it is to tell him you both need to cool off and that you are going to your mom's house. Offer to allow him to visit your DD or set up a time for him to see her. If it does go to court, the courts will look at this and use it in a custody argument. Unless there is a safety factor, they look more favorably on the individual that attempts to maintain the relationship between the child and both parents.
I am sorry you are going through this right now. Feel free to PM me if you have any question sor just need to talk.
A Frog, A Monkey and a Ladybug
I believe this is wrong because they are not married, just engaged.
In my state(MN) my experience with MH and my brother is if a couple is not married then the father has to petition the court for legal and physical custody and does not automatically get it just because his name is on the birth certificate. Other states may be different though.
I would, however, consult a laywer and not take any internet advice. A lot of lawyers will give free consultations and give great information so call around!