Jessica - posted on 09/22/2013 ( 4 moms have responded )




My co workers are having a discussion about fathers being able to take the child whenever they want such as "kidnap" although the child resides with the mom and there's nothing the mom can do unless they go to court and file full custody is this true


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Cecilia - posted on 09/22/2013




if there is no custody in place, either parent can take the child. School will not stop a parent from taking the child from school unless there is paperwork stating to do so.

Taz - posted on 09/22/2013




Parents can go to jail for kidnapping their child ,especially if the courts are involved and one parent has sole custody. if the child has been with the mom most of the childs life ,the other parent can gp to jail for kidnapping their child

Jodi - posted on 09/22/2013




Many mothers also "kidnap" their children and won't let the father see them (actually, this is the more common scenario), and there is nothing the father can do unless he goes to court and files for some form of custody.

It isn't legally kidnapping when either party does it because they are both the biological parents and they both have rights. This is why it is sensible to have court orders in place - to allow the child to develop a relationship with both parents AND to protect the interests of the parents too.

Ev - posted on 09/22/2013




Depending on the country, state, or other place that a person resides (a lot of moms from all over the world access this place), both parents may have equal right to the child no matter the situation. I know in the United States in most places through out, unless there is some sort of order in place, no one will stop either parent from taking and keeping the child. As for going out of the country here, both parents have to sign for a passport up to the age of 16. So other than that, if you do not have custody set where you live, the father can take the child home with him and keep said child as well. So if you know someone in this situation or it is you; you need to go get that court order in place.

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