Can a husband leave his wife and take their child?

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Can a husband leave his wife and take their child?

Can he take the child while she is at work and legally not be made to return child? Mother works full time; father is disabled; child is 3.

Asked on July 30, 2011 Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In most dissolution and separation actions where child custody and visitation rights are an issue, the judge who makes the ultimate decision (if the parties who are in the dispute cannot make an agreement) relies upon written reports of third party individuals who assess the child's needs before an order is issued.

For a father to just take his child while his wife is at work and not be made to legally return the child to the county where the child was taken for a court hearing to determine custody and visitation issues will not happen in this country. The people of the state where the child reside have an interest that the child is being cared for well and that is why any father who simply takes his child from the child's mother will be required to answer for his actions. The mother has the right and responsibility to be with her child and to raise him or her.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In most dissolution and separation actions where child custody and visitation rights are an issue, the judge who makes the ultimate decision (if the parties who are in the dispute cannot make an agreement) relies upon written reports of third party individuals who assess the child's needs before an order is issued.

For a father to just take his child while his wife is at work and not be made to legally return the child to the county where the child was taken for a court hearing to determine custody and visitation issues will not happen in this country. The people of the state where the child reside have an interest that the child is being cared for well and that is why any father who simply takes his child from the child's mother will be required to answer for his actions. The mother has the right and responsibility to be with her child and to raise him or her.


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