Q: Is it legal for father to take kid from mother, who she lives with, without being court ordered?
She lives with me other then occasional weekend visit to him. He threatens to not bring her back and not let me come get her. Is this legal? If not, do you know specifically the law (number) so if police are involved I will know.
A:
You didn't provide essential information. Are you married to the father? Is there a child custody and visitation order in place?
If you're married to the father and there is not a child custody order in place, both of you have equal rights to the child.
If you were never married to the father, he has not legitimated the child, and there isn't a child custody/visitation order in place, you have full custody of the child. He has no rights to visitation or custody.
Regardless of marital status, if there is a child custody/visitation order, that document controls. If he refuses to return the child you can take the order to the police to regain custody. If the police refuse to get involved, you can go to court to hold him in contempt.
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