Can a father legally take a child from their mother if she is living with someone she isn’t married to? 9 Answers as of May 01, 2014

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Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Only if the court order allows him to. Otherwise you will need to get the court to modify the order.
Answer Applies to: Idaho
Replied: 5/1/2014
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
No only a Judge can make that decision
Answer Applies to: Georgia
Replied: 5/1/2014
The Houser Law Firm, P.C.
The Houser Law Firm, P.C. | A. Bowden Houser
In North Carolina, as long is there is no court order or other formal agreement in place, each parent has as much right to the child as the other so technically speaking the answer is yes. The fact that the mother is living with someone she isn't married to is irrelevant. However, you can not breach the peace to take the child meaning you can't take the child by force if the mother objects. Further, even though you have a technical right to take the child, judge's tend to frown on this sort of self help so again, even though you have a technical right to take the child, doing so may paint you in a bad light if the matter goes to court. It is highly recommended that you resolve custody issues through a formal agreement with the mother or the court.
Answer Applies to: North Carolina
Replied: 5/1/2014
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Not without a court order. No California court would issue an order like this if all mother is doing is cohabiting in a new relationship.
Answer Applies to: California
Replied: 5/1/2014
John Ceci PLLC
John Ceci PLLC | John Ceci
If the only reason for taking the child is that the mother is living with someone she isn't married my answer is unequivocally no. That sounds like someone playing judge, jury and executioner.
Answer Applies to: Michigan
Replied: 4/30/2014
    Fran Brochstein
    Fran Brochstein | Fran Brochstein
    You have not provided enough information to answer this question fully. Merely "shacking up" is not normally in Texas enough to change custody. You need to immediately consult with an experienced family law attorney. If you wait, it is like you have given permission for her to live with another man.
    Answer Applies to: Texas
    Replied: 4/30/2014
    Law Office of Andrellos Mitchell
    Law Office of Andrellos Mitchell | Andrellos Mitchell
    He can try to get legal/physical custody....but he better have more to go on than just the fact that she and the child are living with someone she isn't married to. Much more!
    Answer Applies to: District of Columbia
    Replied: 4/30/2014
    Law Office of Linda K. Frieder
    Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
    No, but it could be grounds for a change in custody. The fact that your ex is not married to the person she lives with does not have much bearing. The new person must have a negative impact in some way.
    Answer Applies to: California
    Replied: 4/30/2014
    John Russo | John Russo
    Either parent can always request a change in placement of the child for cause, and it will be up to the court I think you have some misguided belief that only a mother s entitled to placement of a child, which is not the case. So if he can show a reason to the court to change placement and that it would be in the child's best interest then the court will.
    Answer Applies to: Rhode Island
    Replied: 4/30/2014
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