Can a dad take custody if children are in his care for more than 30 days?

Chavon - posted on 07/30/2011

Thanks everyone..sorry im late responding....i do talk to my daughter everyday, my daughters father and grandmother always text me pictures and recent updates as to what they are doing. Yes, i believe my family are just being controlling and very childish, they just want me to do what they want. I live in Michigan. I had no idea i had to file papers to get full custody, i will look into that. Reguardless if any courts get involved ornot i do trust my daughters father as to not get me for abandoment to try and get full custody, he wouldnt do that to me or especially his daughter. Hes not the one im worried about. I just dont want anything to be on my record when i feel like im doing what is in the best intrest of my child. I am planning on getting her back in the next few weeks. Im not a abd person, i do love and miss my child and it hurts to think that anyone, especially my family would do this to me...but thank you everyone you have been very helpful and informative. May God bless you all.

Shawn - posted on 07/29/2011

First thing I would do is have a conversation with her father. If you trust him seems to me your family is trying to throw a monkey wrench in your program. The second conversation would be with family court directly. I don't know what state you live in but if neither of you have official custody papers he can't just keep her automatically. I found out even though my child lived with me his whole life I had to file and get full custody on paper just to get a passport for my kid. Like having papers on your puppy. Law said even though his father wasn't in the picture he could stop our vacation if he found out I wanted to take him to Europe. Find out all you can before you act. No need upsetting the father if he is returning her but also find out he isn't doing anything behind your back. If the coast is clear, leave your family alone. They seem to want to cause you and your child harm. I don't care how mad they got at you that was hateful.



Peace and Blessings.

Christie - posted on 07/27/2011

My suggestion wold be to make an appointment with a famil attorney or call legal aid. You could be deemed unfit or it could be considered abandoment depending on your state laws. With your family causig this kind if drama, just nip it in the bud. Cut off communication. Being a single Mom is stressful enough without sress form people who should be there to support you,

Maureen - posted on 07/26/2011

Depends what your custody / support order states. Have you continued to receive support while child has been in care of father ? Sounds like he has submitted request for change in order. You need to get some legal advice. Perhaps the visitation part of order needs to be revised ?

Michelle - posted on 07/25/2011

If he was looking for custody he could possibly have some support for his claim. But I don't think there's anything automatic about it. And I've never heard of child support calling anyone other than the mother/father out of the blue!

LaShundra - posted on 07/25/2011

Call and find out. But talk to her dad id the two of you have a good relationship and ask him if he is having these type of thoughts or ideas. It seem that your family is just saying things to hurt, control, manipulate, etc. Eliminate the confusion by going straight to the sources.

Good luck to you.

LORI - posted on 07/25/2011

As long as you had some type of contact with the child in that 30 days its not abandonment.

Jen - posted on 07/24/2011

Absolutely not! If you have custody of the child, simply allowing the child temporarily to be in the fathers care does NOT negate the custody order. It doesn't work like that. Hr would have to petition the courts for a change in custody and prove you abandoned your child to him, which I'm sure you can easily prove you did not. If he does not return the child upon your request, then he can be arrested for custodial kidnapping. Your family sounds like they are being extremely controlling and childish and you may want to reconsider what role you want them to play in your and your child's lives. I can't believe they went to such extremes as a blatant lie to force you to d what they want. Maybe they don't like seeing you succeed on your own. Hope all works out for you!

Stacy - posted on 07/24/2011

Yes if I'm not mistaken, the courts will call it abandonment. But the only way out would be brought to there attention was if he did.

Chavon - posted on 07/21/2011

right, I was like there's no way child support called out of nowhere. I think someone put my grandmother up to saying that....yes I trust him he was just really happy that I let her go down to GA at all, I'm sure he wouldn't do anything to mess this up...thanks ladies!

Ashlyn - posted on 07/21/2011

HECK no that's not true whatsoever and why did child support randomly call out of nowhere?

Teresa - posted on 07/20/2011

I don't see how he can get automatic custody after 30 days since some noncustodial parents get longer than that for summer visitation.

I don't know the laws where you are since custody/visitation varies on where you are and what your situation is.... I might look into it, but if you trust HIM... I wouldn't listen to your family.... especially w/ the recent fight and stuff that went on.

Good luck!