Q: My partner took our daughter from our home and moved her to her grandparents with him in another county is this legal
He has taken her out of her school here and said he is enrolling her there. What can I do
A: You need to file a Petition for Custody with the court. When a child is born both parents are considered to have equal custody rights with an equal right to have the child in their custody and to make decisions for the child. Unless and until a court orders otherwise neither parent has superior rights to the other so "possession" of the child tends to rule the day. Technically, if all that exists is a name of the birth certificate and an affidavit of paternity signed at the hospital, there is only a presumption of paternity for the father and not an actual finding of paternity by a court. In some jurisdictions law enforcement will return the child to the custody of the mother if there is no clear finding of paternity by a court. I believe this to be correct legally. However in many other jurisdictions law enforcement will not get involved in custody and will tell the parties it is a civil matter and they need to seek attorneys and go to court. Regardless, I assure you with what is going on in your case you need to get into court as soon as possible to establish custody, visitation and likely child support for your own good and for the good of your child.
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