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Can my baby's father take my daughter cause he wants to?

I have a domestic abuse case on him and he says He's gonna come here and take my daughter from me, He is the father but he's a non custodial parent hes never done anything for her nor has she seen him or even knows who he is, I'm scared what should I do?

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Ganell87

Asked by Ganell87 at 9:41 AM on Apr. 6, 2011 in Preschoolers (3-4)

Level 8 (267 Credits)
Answers (12)
  • He's trying to scare you into dropping the case. Get a lawyer's help and get a restraining order against him for both you and your child.
    CraftingMama

    Answer by CraftingMama at 9:43 AM on Apr. 6, 2011

  • Don't let him near you or your child. Have you established visitation and child support? If not you need to get that started.
    meooma

    Answer by meooma at 9:44 AM on Apr. 6, 2011

  • You do not have to give her to him until there is a set visitation schedule.
    Jademom07

    Answer by Jademom07 at 9:47 AM on Apr. 6, 2011

  • I opened a child support case on him when my daughter was 1 year old , He has not paid anything but yet he tells himself and his immediate family he makes a monthly payment, I check with the cs office twice a month and nothing has ever been paid, He told me He's not going to pay child support And he'll fix the problem himself He said either he'll make me disappear or he's going to take her from me, He's in another state but he visits he frequently to family hoping to catch us, I ve tried talking to the police about it they told me i cant serve a protection order from another state
    Ganell87

    Comment by Ganell87 (original poster) at 9:48 AM on Apr. 6, 2011

  • I don't want him having any visitation until at least she's old enough to stand up to what is right and wrong. 3 is a little young to tell me what he's doing around her
    Ganell87

    Comment by Ganell87 (original poster) at 9:50 AM on Apr. 6, 2011

  • They can serve it when he's in the state where you live visiting family.
    CraftingMama

    Answer by CraftingMama at 9:50 AM on Apr. 6, 2011

  • If you do not have a current custody order registered with the court, yes he can. When there is no order either parent can take the child and not allow the other parent to see or visit until one is in place. A judge does look down on it, but he could do it and it could take awhile to get an order. If he is threatening to take your dd then you report it to the police and look into a restraining order that includes your dd, and allows him either no visits until court or supervised.
    gemgem

    Answer by gemgem at 9:58 AM on Apr. 6, 2011

  • So if I have full custody I still need to check into that current custody order?
    Ganell87

    Comment by Ganell87 (original poster) at 10:02 AM on Apr. 6, 2011

  • you need to have full custody of the child and if he trys to take your child call the cops and the threats are a grounds for protection order you need to talk to a lawyer.....some will do the first consult free and you can check to see if you have low or no cost legal aid in your area the court clerks office can help you with that...
    cara124

    Answer by cara124 at 10:10 AM on Apr. 6, 2011

  • If you don't legally have full custody written out in a custody order, then you don't have full custody and he can come and take her.
    missanc

    Answer by missanc at 11:32 AM on Apr. 6, 2011

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