Can the Fathers Get Custody of Their Children if there is No Order in Place? If there is no court ordered custody agreement, can the fathers take their child away? When a mother and father don’t have a parenting plan, or if they are not married, can they keep the children? In this article we are going to cover what happens when dads take their children away from the mothers.
If you have been wondering, can a father take his child away because there is an order for custody or if he is not paying child support. The first thing that you need to know is, that all laws vary from state to state. There are also some special cases where a father is not allowed to have visitation rights or he is not granted custody. This is something that you need to check with your attorney before proceeding.
If the parents are not married and there are issues between the parents that are interfering with the mother and father, then they can petition for a change in the custody arrangement. A mother can file for sole physical custody if the father is denying this or is unreasonable. If the mother can prove that the fathers physical attendance is not necessary for the well being of the children, she can have the case dismissed.
If the situation has escalated to this point, you may have to hire a private investigator to get the police report. A police report will tell you exactly what happened when the police were called. You can learn if a father took your child without your permission, if he was given a criminal record of any type, if he has been involved in any altercations with the law and so on. If there is any other information that you can gather from the police report, then you should do so. You should also get a copy of the police report if you have to.
If there is an order for sole physical custody, then it will remain in place unless you can prove otherwise. This means if the mother says that the parents were not just friends, then the courts may consider that friendship as enough to prevent joint physical custody. If there was infidelity in the marriage, then the fathers visitation rights could be restricted. If a mother is threatening to stop the custody altogether if the fathers contact the mother, then the court will consider that to be abuse and will impose an injunction against the fathers.
The most important thing is to stand your ground and fight for your rights. You need to prove to the court why you are the primary caregiver and who is the best caregiver in this situation. You can only do this with solid evidence and if you can provide the court with that evidence, then the battle can be won. Child custody orders are there for the benefit of the children and you need to make sure you are seen as a fit and proper parent. Fighting for the right to see your child whenever you want will be worth the fight.