Can a husband leave his wife and take their child?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.