Report Abuse . Can a father take away the child from the mother because she can not provide 50% of the money to raise the child? Thankfully there is a world beyond that of the mother. 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. I know he has the same rights as I do. In particular, if you do not see the mother as a fit parent, you may be wondering if there are any circumstances in which a father can take a child away from his/her mother. Parents have an equal legal right to custody of their child when their relationship ends. If the child has been living with the mother and she can support the child and care for it properly, then the courts will be reluctant to take the child away from her. Can a father take his child with out the mothers permission and the the mother has custody of the child and there is no legitimated paper work on that child. However, absent those types of circumstances, it is typical in Rockwall and Dallas County that mothers are … Many of us are fortunate to have a father by our side too. Illinois is on of those states, I don't know where you live though. That man can take a paternity test to confirm his biological relationship to the child if he wants to. The father is a world that the mother doesn’t have full control of. Since the child was born out of wedlock, the mother automatically has physical custody of the child. You are an unmarried parent and you have a court order that says you have custody. Also there is no child support or visition arrangements made through the courts. for the Judge to … You are an unmarried mother and no one has been to court to get an order that says who your child’s father is. Me and the father of my baby are not together anymore but, we're still on good terms. A father has absolutely no right to keep a child away from the mother unless there is a court order to that effect.No. Child is 4. Mother wanted 2 maids to accompany the 2 children during access, and they are equipped with camera phone to capture any photos or videos of the father’s access time with the children. Most divorced fathers do not get full custody of their children. You should never 'take a child away' from a parent. Can a Mother Prevent a Father From Seeing His Child? will he be charged ? Depending on the specific child custody order, the mother has no right to remove visitation rights from the child’s father without court interference. The exception to this is when the court believes that it will serve the best interests of the children to be with the father. No. The child needs to maintain contact with both parents in order to maintain their sense of identity and security. He deserves visitation and to be consulted when issues with the kids arise, such as illness or school struggles. You may give the child up for adoption, take the child away from the father, not allow the father to see the child at all or make any other significant decisions all without the father’s consent or permission. If the CAS does not take your child to stay with relatives or friends, then a community agency or a family that is paid by the government will take care of your child. If the father wants physical custody or parenting time with the child, the burden is on him to file a paternity action or custody case. One week w/ mother, one w/ father. How to protect your child from the emotionally abusive, narcissistic father or mother Emotional abuse leaves scars you don't see. Can an unmarried mother take her child and leave California without the father’s permission? Ultimately though, victims owe it to themselves and to their children to get the help necessary and get away from the abuse. If a mother isn't sure who the father of her child is, or if the man she names as the father wants proof, a paternity test can answer any questions. Usually, you will be allowed to visit your child. No he shouldnt be able just take him without your permission, he would have to go through court, and for a judge to take the side of the father over the mother for permanent full time custody there would have to be something really wrong with him living with you. Report Abuse. I tell him all the time he can come over WHENEVER he wants to see her and could also stay the night too. [1] X Research source Today, courts strive to settle on a custody arrangement that is in the best interests of the child, without bias in favor of the mother or father. Father has remarried and new wife is very uncomfortable with this. Can a father or mother keep their child away from the other parent? Generally speaking, yes, unless the father of the child asserts his rights in a paternity action. Should the mother leave with the children, a father still has a right to equal parenting time or full custody of their children. If the mother has significant issues such as drugs, alcohol, prison, etc., then the father may get primary custody. You are an unmarried mother and you have a court order that says who the father is, but there is no custody order. The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party; except that, if the court determines that a party is acting to protect the child from witnessing domestic violence or from being a victim of child abuse or neglect or domestic violence, the party’s protective actions shall not be considered with respect to this factor; However, this is incorrect considering our modern view of divorce. 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