Q: If the child lives with father and goes to school where father lives. Can the mother just up and take child?
They verbally agreed that she would stay with father. Mother sees child every weekend and lives in a different county. No court orders were ever in place since it was verbally agreed. Child has been living with father for 8 months now, while attending school (vpk- child is 5 yo), without mother. Can she just up and take child due to a minor dispute?
A: The quick answer is yes. The mother is the presumptive custodian of a child born out of wedlock. If the parents are married when the child is born then both parents have the legal right to pick up the child from school. Verbal agreements are not typically enforceable and do not give third parties such as schools any authority to act any differently.
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