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Does a non custodial parent have the right to refuse to bring the kids back?

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Old Jan 29th, 2012, 10:13 AM   #1
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Confused Does a non custodial parent have the right to refuse to bring the kids back?

Does a non custodial parent have the right to refuse to bring the kids back to the mom when they were never married and there is no court order saying he had any type of custody?
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Old Jan 29th, 2012, 11:28 AM   #2
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Default Re: Does a non custodial parent have the right to refuse to bring the kids back?

I wish to inform you that a non custodial parent cannot stop child from going to mother. In this regard as father is not having custody and further parents are not married thus mother is having right over the child and therefore custody towards mother may not be stopped. If interest of child are getting affected then father can stop after proving paternity through a court order.

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Old Jan 29th, 2012, 11:56 AM   #3
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Default Re: Does a non custodial parent have the right to refuse to bring the kids back?

So he signed his rights to a Dna test away when they were born. Does it still aply then. We only dated then.split up. They live with me the mom. So if I let them go for the weekend with there father he can not keep them?
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Old Jan 29th, 2012, 11:58 AM   #4
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Default Re: Does a non custodial parent have the right to refuse to bring the kids back?

And do I have the right to not let them go anymore by law.
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Old Jan 29th, 2012, 01:01 PM   #5
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Default Re: Does a non custodial parent have the right to refuse to bring the kids back?

Is there an existing court order of visitation?
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Old Jan 29th, 2012, 04:30 PM   #6
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Default Re: Does a non custodial parent have the right to refuse to bring the kids back?

No there is not. I'm the mother and they live with me and I do everything for them.
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Old Jan 29th, 2012, 04:33 PM   #7
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Default Re: Does a non custodial parent have the right to refuse to bring the kids back?

Without an existing court order there nothing either parent can do with child what they wish including preventing other parent from seeing child. You both need a court order for custody, visitation and, support
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Old Jan 29th, 2012, 05:16 PM   #8
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Default Re: Does a non custodial parent have the right to refuse to bring the kids back?

Actually since mom is a single parent, dad has ZERO legal rights to the children until/unless they are court-ordered.

No he can still request DNA but if he's holding the kids it seems he feels they are his...

Mom you need to tell dad to hand them over now or you will go to the DA Monday morning for custodial interference/kidnapping. His name on the birth certificate gives him no rights.

Do not bother going to the cops. They don't know specifics and will either tell you he has equal rights (wrong!) or tell you it's a civil matter, wrong again...
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Old Jan 30th, 2012, 11:44 AM   #9
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Default Re: Does a non custodial parent have the right to refuse to bring the kids back?

More specifically, there is a grey area of law here.

It is - indeed - very much a civil matter, firstly. Secondly, depending on the the answers to the questions below, he may very well have specific rights.

Kaylaw, you don't mention whether he signed an Acknowledgement of Paternity (notarized) and you don't mention whether he signed the birth certificate and allowed himself to be named as the baby's father on that vital record.

Without that information, any responses are purely conjecture.

Quite frankly, I don't know about anyone else but I'd be more inclined to take a police officer's word for what's "right" and what's "wrong" by way of legal matters than the word of anonymous posters on the internet.
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Old Jan 30th, 2012, 12:11 PM   #10
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Default Re: Does a non custodial parent have the right to refuse to bring the kids back?

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Quite frankly, I don't know about anyone else but I'd be more inclined to take a police officer's word for what's "right" and what's "wrong" by way of legal matters than the word of anonymous posters on the internet.

I was about to suggest the same thing myself. People on this forum seem to make decisions about what the police will and will not become involved in. I have said and I will continue to say, Contact the police. Sometimes they will get involved even if they cannot do much more than to "suggest" someone comply. Police knocking on your door can be just enough intimidation to get people to do things, and they are the best witness you can find. When it goes to civil court you can say "I have documentation that the local police can varify..."
They are public servants and work for you. Worse they can do is say "no, cant do that..."
My ex has called the police to do "welfare checks" when she was not able to contact the kids for a few days. In those instances it makes her look silly but they still oblige and come knocking on my door. I have ask them to escort me when I picked up the kids from visits. I had three cop cars sitting outside with me on that occasion.
Dont be afraid to contact the police.
Good luck.
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