What are the parental rights of a father if there is no parenting plan in affect and the mother disappeared with the child? 15 Answers as of December 27, 2012

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The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
The father needs to get into court and file for parental rights, parenting time or maybe full custody. talk to a good family law attorney. that child is not her property. that child has the right to love, affection, support and guidance from the father.
Answer Applies to: New Jersey
Replied: 12/27/2012
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You must get a custody order in effect. She has the right to the child and you have the right to the child. Therefore, the police cannot arrest her for kidnapping. However, once you get the order in place and your ex- violates the order, then the police can get involved and take the child away and return him or her to you.
Answer Applies to: Idaho
Replied: 12/24/2012
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
You can hire a private investigator to find her and bring a visitation petition in Family court to enforce your visitation rights. If she has moved out of state that could cost thousands of dollars, but you can file the petition yourself with the help of the staff in Family Court in most cities. You have to serve her to get jurisdiction over her and force her to appear in court.
Answer Applies to: New York
Replied: 12/24/2012
The Law Office of Erin Farley
The Law Office of Erin Farley | Erin Farley
Immediately consult with a family law attorney and/or law enforcement. Despite the lack of a custody order, you are still Dad. You may need to legally establish that fact. The longer you wait, the less likely the court will see the issue as one of urgency; and, wherever Mom is with your child, the court will be less likely to order her to return.
Answer Applies to: California
Replied: 12/24/2012
Law Office of Eric S. Lumberg | Eric S. Lumberg
The father would need to obtain a custody and parenting time order. The order could include the provision that the mother return the child to the state or to the other parent. You would need to locate the mother and child and then have the order enforced. Talk to a lawyer in your jurisdiction to discuss further.
Answer Applies to: Michigan
Replied: 12/24/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Husband, father, legally established father? Is there a legal proceeding? If there is no order she can do what she wants.
    Answer Applies to: Michigan
    Replied: 12/24/2012
    Cook, Skeen & Robinson, LLC
    Cook, Skeen & Robinson, LLC | Shawn H. Robinson
    You can seek custody of the child if there is not an order in place. You would need to file a paternity petition or divorce petition if you are married. You should talk to a family law attorney.
    Answer Applies to: Utah
    Replied: 12/24/2012
    The Legal Center | Richard Manwaring
    A parent's parental rights are the same regardless of where the other parent and the child are. The difficulty is enforcing those rights. The first thing that has to be figured out is if you and the mother were married when the child was born. If not, then you must first start a court case for paternity. Even if you signed a voluntary declaration of paternity when the child was born, you will need a judgment of paternity. In any case first try to locate the mother and the child. Try her family members and friends. You may have to hire a private investigator or a firm that does "skip tracing" to assist you. They are often less expensive than what you think. When you find her file your paternity paperwork or, if you are married, your divorce paperwork. If you have previously filed either of these actions you may be able for file for custody and visitation under the same case. You could then consider filing an ex parte action to have the mother return the child. In both cases also file a Request for Order for Child Custody and Visitation. Then have her served. Good luck and if you find it becoming too difficult for you contact a family law attorney in your area for assistance.
    Answer Applies to: California
    Replied: 12/24/2012
    TTLAW | Tristan teGroen
    Your rights depend on whether you are married or not, whether a case is pending or not, and how long you have lived in California. For the most part, if no case exists, if California has jurisdiction, file your case and have the court order her to appear for a hearing. This is complex territory and the game plan might change by the minute. Have a lawyer to guide you. This is like chess.
    Answer Applies to: California
    Replied: 12/23/2012
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Best to file a Paternity case, and an RFO requesting child custody and visitation. You may need to serve by publication if you hire a private investigator who is ultimately unable to locate the mother. You would best retain an experienced Family Law Attorney to advise and represent you.
    Answer Applies to: California
    Replied: 12/23/2012
    Downing Law Firm | George E Downing. Jr.
    I assume that paternity has never been established. Nevertheless, the first step is to find the mother, and a private investigator. Once this is done, get an attorney to file a paternity Rule and request a DNA test. If the test comes back that you are the father, then file a Rule to establish custody and visitation with your child.
    Answer Applies to: Louisiana
    Replied: 12/23/2012
    The Roper Law Firm, P.A. | Connie Roper
    It depends on whether the father had ever been married to the mother. If he does not have a paternity/custody/visitation order, then he has no legal right to the child. The father can file an action to establish paternity/visitation/custody but would have to have the mother personally served. If they are married, they both have equal rights to the child. However, courts look dimly upon a parent who takes a child from another parent unless there are dire circumstances such as abuse of the mother or child. If a divorce is filed, the father can exert his right to custody/visitation to the child. There is an action to establish paternal responsibility but it is as involved and costs generally the same as a divorce. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
    Answer Applies to: Florida
    Replied: 12/23/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Same as the mother's if you can prove you're the father. Petition the court to establish a parenting plan, if you are in Washington. Do so quickly before Washington loses jurisdiction.
    Answer Applies to: Washington
    Replied: 12/23/2012
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    The important question is not whether a parenting plan is or is not in effect. It is what orders were issued by the judicial officer, either a Court Commissioner or a Judge? If the mother has taken the child without notice to the father, it could actually be the crime of kidnapping ('interfering with the custody of a child')but you would have to have at least some rights of placement or custody. It sounds like a legal action is under way. If you have a lawyer, contact him or her and see about obtaining an Order to Show Cause against here. an effort to hold her in contempt. If you do not have a lawyer, and she has truly disappeared with the child, first make the best inquiry you can as to where she ise.g. by speaking to her friends, her family, anyone else who is likely to know her whereabouts. Then if you cannot locate her, you might well want to notify the police. If this is a paternity case, rather than a divorce, she still has to give you at least 14 days notice in advance of moving more than 150 miles away from you or taking the child out of state (IF you have any placement rights). I hope this helps. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 12/23/2012
    Woods, May & Matlock, PC
    Woods, May & Matlock, PC | Robert J. Matlock
    You have the right to file a suit affecting the parent child relationship and ask the court for custody, etc. Of course, you need to find the mother and serve her with notice of the suit. I suggest you hire a lawyer.
    Answer Applies to: Texas
    Replied: 12/23/2012
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