Can a mother that isn't divorced yet pick up her child from a relative's house without permission from the father?

Katie - posted on 08/03/2012 ( 4 moms have responded )

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Last night my husband and I got into an argument so I left to go stay the night at a friends house. I told him to take our baby to my parents house in the morning but he didn't so I freaked out because I didn't know where my baby was. Then I found out that the in laws had her and we've had problems with them before. I called and I was very polite when I told them I was coming to pick my baby up. They slammed the door in my face and locked it. I flipped out because NOBODY takes my baby away. I kept telling them that I didn't need permission from my husband to get her because I am the mother. I was just wondering if there is a law that says I can't pick my child up and if it was illegal for the in laws to keep her away from me.

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Dove - posted on 08/03/2012

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If you are both on the birth certificate, you are married, and there is no court order for custody/visitation... you both have equal rights to her. You may need to check the law in your specific area, but I'm pretty sure that much is fairly standard across the US.

That means... if he has her then he doesn't have to give her back to you and if you have her you don't have to give her to him, but either of you can keep her and it would be the other parent's problem to fight in court to get her back. His parents, on the other hand, have no legal right to keep your child and in that case... I would've called the police on them.

Personally, I'd be calling up lawyers and going down to the court house first thing Monday morning to file for emergency temporary custody. Your husband and daughter have every right to a relationship with each other, but if he's willing to play games like this... he would NOT have her alone again until I had in my possession a court notarized paper stating when he could and could not have visitations. Without that paper... the police will do nothing if he takes off with her.

Good luck!!

Lacye - posted on 08/03/2012

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I don't think you have to have your husband's permission in order to pick up your own child. You might need to call your local police department and ask them for help. Also, you need to have an officer go with you in case they try to refuse to give your child back to you.

Katie - posted on 08/03/2012

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If anyone knows where I can find the law please send me a link in this thread :)

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