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  1. #1
    Join Date
    Sep 2006
    Posts
    6

    Default Rights to a Child With No Custody Order

    State is Minnesota

    I have a 2 year old daughter. The father and I are not together, but we do get along well. We were never married, but he did sign a recognition of parentage and the birth certificate. There is a child support order, but neither of us has seen the need to go to court for visitation or custody issues, so there is no order pertaining to custody or visitation. I recently heard some horror stories about this kind of thing and I'm just curious about it, now. Right now, with no court order, what rights do I have? What rights does the father have? I was told that if he wanted to because there isn't an order, the next time he has her for an overnight or a visit, he could choose not to return her to my house, and I wouldn't have any say at all because custody hasn't been established. Is that true?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Rights to a Child With No Custody Order

    When you get a threat like that, it sounds like it's time to formalize the custody arrangement by getting a court order. I have heard of cases like you describe where the father refuses to return the child and, with no order to the contrary, the police tell the mother that it's "a civil matter" that she needs to work out through the courts. I suggest you consult a local family lawyer on Monday about whether you should seek a court order formalizing your current custodial arrangement.

  3. #3
    Join Date
    Sep 2006
    Posts
    6

    Default Re: Rights to a Child With No Custody Order

    Quote Quoting aaron
    View Post
    When you get a threat like that, it sounds like it's time to formalize the custody arrangement by getting a court order. I have heard of cases like you describe where the father refuses to return the child and, with no order to the contrary, the police tell the mother that it's "a civil matter" that she needs to work out through the courts. I suggest you consult a local family lawyer on Monday about whether you should seek a court order formalizing your current custodial arrangement.
    The father didn't threaten it to do that, he's never threatened to do anything like that. We broke up with our baby was 2 months old and we've never had any problems at all. I heard about that from a friend of mine. We're both just curious what rights we have and if we have joint custody or if I have full custody since she lives with me 90% of the time.

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