If still legally married anda mother drops offa child to live with the grandparent, can the father go get the child?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If still legally married anda mother drops offa child to live with the grandparent, can the father go get the child?
Asked on July 19, 2011 Ohio
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You give little by way of the facts. However, the general rule is that without some kind of court order in effect, one parent has just as much right to the children as the other. There can be no charge of parental kidnapping in such a case. Therefore, the father would be within his legal rights to go and pick up the children. However, he could not use force or even trespass do to so. At that point the police would have to be called or he would have to go to court and have temporary orders issued. Perhaps, now is the time to consult with a family law attorney as to all of this.
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.