Can I legally keep my son from his father if there is no court order? 21 Answers as of November 02, 2011

If there is a good reason - for example, you reasonably fear for the child's safety when with his father - then it may not count against you if and when you go to court. If yu are doing it just to "punish" the father - for good reasons or bad - a lot of judges will in fact hold it against you in deciding custody and visitation. The best thing to do is go to court and get an order setting out custody, visitation, and child support. That way there is no guessing.

Until there is a court order to the contrary, unmarried parents do not have equal rights. A mother is presumed the custodial parent until a court order establishes otherwise. However, depriving a parent of contact with their children without good cause can be considered by a court when a custody determination is made. In most cases, the children are better served by mediating a custody and parenting schedule until a court can hear the issue as part of a custody case and issue an order based on what it believes to be in the best interests of the children.

You should get some advice from a lawyer before you do anything. You do not want a Judge to decide that you have been unfair to his father by doing this.

Mom and Dad have equal rights until a court orders otherwise. So, yes and no. The bottom line is that you can, but so can he. The police will not assist either of you until the Court gets involved, so my suggestion is get some court orders.

This is an extremely complex question. Normally, parents are obligated to promote visits between parent/child. If you do not have good grounds such as danger, to keep your son from visiting father, it can backfire and cause you to lose custody of your son.

If you and the father are married (and were when the child was conceived or born), then you have equal rights to the child. As such, neither of you have the legal right to control the other's parenting. (You can't keep him from his son.) If you and the father were never married, and the father has not legitimated the child, then he has no parental rights to the child. You have sole legal and physical custody, and no legal obligation to allow your son to spend time with his father. However, should the father file an action to legitimate, the fact that you have prevented the two from developing a bond can be used against you (unless you are able to successfully show that your doing so was in the child's best interest).

If the child was born out of wedlock in the State of Georgia and the father has not legitimated the child, then he legally has no rights when it comes to the child. The question is, why would you want to do so? Is there a fear that allwong him to see the child will harm the child in some way? Note that if the father does decide to legitimate the child and seek custody or visitation, evidence of you deliberately keeping him from the child could be used against you in court.

I would never suggest doing so. If parenting time with the father would endanger the child' physical well being or psychological development a Court may issue you such an Order. Consult with an attorney.

No. You may face criminal charges too. It's better to get a court order early on that grants you custody.

If you are not married and the father has not legitimated the child and there is no custody order, then yes you can legally keep the child away from the father. If you are married then you can remove the child from the marital home, but the father has equal custodial rights and can file a court action requesting a custody order.