no custody order

[opticalguru]

if a man and a woman who were never married have a child together and they never went to court for custody, who is the legal parent. does either parent have custody. if a parent wants to leave the state and take the child with them, is that legal, or is that kidnapping.
thank you for your help

Originally Posted by opticalguru if a man and a woman who were never married have a child together and they never went to court for custody, who is the legal parent. does either parent have custody. if a parent wants to leave the state and take the child with them, is that legal, or is that kidnapping. thank you for your help

First of all, I would highly suggest getting a court order. It will be best for the child and for working things out with the other parent. Depending on circumstances (and the state you live in) joint custody would most likely be awarded. With one parent as either custodial(having physical custody of child-where the child resides most) or non custodial (paying child support and having visitation rights)
I don't think there is anything in any state that says you can't move (as long as there is no court order) It is not kidnapping-however, I wouldn't recommend it. Especially if you plan on filing papers with the court. That is my personal opinion.
I hope this helps.

if there is a child that the parents arent married. nothing set legal. does the parent who has the child for the most part have to let the father see when theres been no child support paid in 5 months and he has seen the child on a regular bascis?

[Lizz927]

Originally Posted by Unregistered if there is a child that the parents arent married. nothing set legal. does the parent who has the child for the most part have to let the father see when theres been no child support paid in 5 months and he has seen the child on a regular bascis?

If there is no parenting plan or custody agreement in place that says the child will spend x amount time with the NCP then yes, the other parent does not have to allow visitation (regardless of payments on time or not).
If there is, then yes they HAVE to, otherwise could be found in contempt of court (filed by the other parent). If either of these is your situation I highly suggest, as before, you file with the court either to have a custody agreement and parenting plan in place, or in contempt of court!
Good Luck!

- no custody order
- no marriage between parents
- children aged below 5
- children living with mother in Philippines since birth
- children have dual citizenship (US and Filipino)
- father visits children a maximum of 3 days and only when he joins tournaments held in Manila which is a maximum of 2 times a year.

Does the mother need custody order or is she automatically considered as the custodial parent and the dad the non-custodial parent? Mother doesn't want to grant visitation rights to the father. Mother going to seek for child support.

How does mother go about this? Thanks!

[Lizz927]

Originally Posted by Unregistered - no custody order - no marriage between parents - children aged below 5 - children living with mother in Philippines since birth - children have dual citizenship (US and Filipino) - father visits children a maximum of 3 days and only when he joins tournaments held in Manila which is a maximum of 2 times a year. Does the mother need custody order or is she automatically considered as the custodial parent and the dad the non-custodial parent? Mother doesn't want to grant visitation rights to the father. Mother going to seek for child support. How does mother go about this? Thanks!

Unless you have significant evidence as to why the Father should not have visitation then there is no getting around it. The Father has just as much a right to see and spend time with his kids as the mother does. The courts like both parents to be involved (unless there are significant domestic issues...which then visitation could be supervised)
If the mother is seeking support, chances are there will be a parenting plan and visitation schedule figured as well.