6 Week Old Baby - What Are My Rights?

[525601minutes]

The previous poster was incorrect. There is no custody order and if Dad does not give you the child back it is NOT kidnapping. You would have the recourse to file for the return of the child...but that would be a civil matter.

Baystate - are you sure? IF there has been no formal establishment of paternity AND no custody order - wouldn't this guy be charged with kidnapping, just as if he was the babysitter and never came back??

[Baystategirl]

Baystate - are you sure? IF there has been no formal establishment of paternity AND no custody order - wouldn't this guy be charged with kidnapping, just as if he was the babysitter and never came back??

No...OP recognizes the father AS the father. It's a civil situation...The potential consequences for the father if he were to pull this stunt might affect his visitation (MAYBE)...but in this situation it wouldn't be criminal for him to keep HIS child....IF he were to take off to another state and HIDE the child then it might be a criminal issue. If OP is aware of where her child is it can not be kidnapping. Dad has just as much rights to his child as Mom.

OP is a new Mom and really overreacting...She is being very controlling as well. The best solution is for the parents to have a court order.

[525601minutes]

AH!! Thank you for the information. Sorry for the mistake!!

[BOR]

No...OP recognizes the father AS the father. It's a civil situation...The potential consequences for the father if he were to pull this stunt might affect his visitation (MAYBE)...but in this situation it wouldn't be criminal for him to keep HIS child....IF he were to take off to another state and HIDE the child then it might be a criminal issue. If OP is aware of where her child is it can not be kidnapping. Dad has just as much rights to his child as Mom.

If she has initial custody, although not under court order, for a father to take the child and keep it, can present a "fine line" legal question on a criminal charge?? I am more inclined to say it is not legal??

I am of course, not specifically referencing any state's kidnapping/abduction/parental interference laws, since all are just that, state specific, but if I were the NON custodial parent, I don't think I would chance it unless I knew my states laws down to the case law on the matter.

Prosecutorial discretion, although, is another matter, IF any charges would/could actually be filed.

[baseballmom]

I Am Not Controlling!! I Am Worried About My Daughter!! I Am Also Not Trying To Keep Her Father From Her I Was Asking My Rights...i Did Not Get Into The Whole Situation Here And There Are Details That I Will Not Discuss But Regardless I Just Wanted Help On What To Do..

Thanks To All For Your Imput.................:d