Can a mother take her child without the father’s consent when leaving him?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a mother take her child without the father’s consent when leaving him?

I am 17 and have been married for 1 year. My husband and I want to get a divorce. I am currently still living with him in his parent’s house. I am afraid to leave because he says that if I leave he will call the cops if I take our child. He wants to keep him but so do I? Can I leave and take my daughter? If I can leave, can he come to the place where I’m am staying at and take my child away from me?

Asked on August 24, 2011 California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your situation.  I can understand how nervous and concerned you must be.  In California, custody issues are generally decided in the midst of divorce proceedings.  Parents can only file for temporary custody if there is immediate or imminent harm to the child and there is a ton of proof needed for that.  You can your spouse have the same rights to your child and the same obligations.  I doubt that the police would take your child from you if you left the house with him or her (do not leave the city or the state) but I have no doubt that he will call them.  Is it possible for you to go and seek help from legal aid and file for divorce and temporary custody of your child asap?  That may be the best course of action.  Good luck.  


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption