Can I legally keep my son from his father if there is no court order? 24 Answers as of June 03, 2013

Can I legally keep my son from his father if there is no court order?

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Reza Athari & Associates, PLLC | Armand Fried
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.
Answer Applies to: Nevada
Replied: 11/2/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
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.
Answer Applies to: Minnesota
Replied: 11/1/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
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.
Answer Applies to: New Jersey
Replied: 10/31/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
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.
Answer Applies to: Texas
Replied: 10/31/2011
Louie & Kitsuse
Louie & Kitsuse | Calvin S. Louie
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.
Answer Applies to: California
Replied: 10/31/2011
    Alfred Law Firm
    Alfred Law Firm | Janice Alfred
    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.
    Answer Applies to: Georgia
    Replied: 10/31/2011
    Attorney & Counselor at Law
    Attorney & Counselor at Law | John Hugger
    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.
    Answer Applies to: Colorado
    Replied: 10/31/2011
    Law Office of James Bordonaro
    Law Office of James Bordonaro | James Albert Bordonaro
    No. You may face criminal charges too. It's better to get a court order early on that grants you custody.
    Answer Applies to: Kansas
    Replied: 10/31/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    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.
    Answer Applies to: Georgia
    Replied: 10/28/2011
    AyerHoffman, LLP
    AyerHoffman, LLP | Cara Lee Thompson
    In the absence of a court order or protection order, your son's father has a right to see your son.
    Answer Applies to: Massachusetts
    Replied: 10/28/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    Yes, the police will tell him to go to court.
    Answer Applies to: California
    Replied: 10/28/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    There will be consequences you may encounter by this choice including a motion by father requesting custody for denying contact with the child. If there are health or safety reasons to deny contact, the safest path is getting a court order limiting contact with the father.
    Answer Applies to: California
    Replied: 10/28/2011
    The Miller Law Firm, P.C.
    The Miller Law Firm, P.C. | Richard J. Miller
    No. The father of your child has an inherent right to have visitation, however, if he is not a fit parent his rights may be restricted. In sum, if you keep the minor child from his father he can go to court and secure an order to allow his visitation.
    Answer Applies to: Illinois
    Replied: 10/28/2011
    Law Offices of Steven A. Hemmat
    Law Offices of Steven A. Hemmat | Steven A. Hemmat
    Assuming that the father's status has been determined for the child, both of you have equal right to the care and custody of your child. You will need to obtain a court order of some sort to restrict a parent's access to his child. This could be pursued through an order of protection or a restraining order within the context of a divorce or legal separation.
    Answer Applies to: Washington
    Replied: 10/28/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Legally, yes; because there is nothing apparently that creates any specific legal rights for the father. However, depending on the facts and circumstances, you should consider the affect on your son if you deny him a relationship with his father. And, if there is eventually a court proceeding to decide each parent's rights, your conduct in denying access to the father might be viewed adversely against you even though there was no legal duty to allow access. You should begin a legal proceeding to get everything clearly decided and put into a court ordered parenting plan.
    Answer Applies to: Colorado
    Replied: 10/28/2011
    Ruiz Law Group, P.C.
    Ruiz Law Group, P.C. | Frances Ruiz
    The short answer is no. It is never a good idea to purposely prevent a parent from parenting time with a child. However it is a good idea to set boundaries.
    Answer Applies to: New York
    Replied: 10/28/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    NO.
    Answer Applies to: Tennessee
    Replied: 6/3/2013
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    If there are no court orders in place, then, the father cannot force you to let him see your son. However, why do you want to keep your son from his father? Were the two of you married? Was paternity established? Why are you withholding the some from his father? If this matter ends up in court at some point in the future, then, the answers to these questions are likely to be important to the court. If the two or you were married, or if paternity has been established, and you are withholding the child from his father without good reason, the court can take that into consideration in trying to decide who the child will live with primarily.
    Answer Applies to: Washington
    Replied: 10/28/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    No.
    Answer Applies to: New Jersey
    Replied: 6/3/2013
    Law Office of James L. Miller
    Law Office of James L. Miller | James Miller
    Legally yes, morally no. If there is no court order you and the father have control of the child. Remember what you do to him he can do to you. Also remember that California supports the child having time with both parents absent domestic violence or certain other circumstances. If you withhold the child for no apparent reason and the father files a court action it could end up hurting you when the court makes a custody/visitation order.
    Answer Applies to: California
    Replied: 10/28/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Yes.
    Answer Applies to: Michigan
    Replied: 6/3/2013
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