Portland, OR asked in Family Law for Oregon

Q: I need to know if my daughters father can take her without my permission? She is only three.

We were not married but he is on the birth certificate. She has lived with me and I have taken care of her since she was born. He moved out of my place when our daughter was one year old. He has done so many things that make me so scared and stressed out with him having her alone. I do not know his address and he won’t tell me when he’s bringing her back to me. If he is supposed to bring her home at 9pm he will show up at 3am and was drunk! He is so unhealthy to be around my children and I need to know if he is legally allowed to come up and take me daughter out of my arms and leave with her without my permission? There is no legal custody agreement but she has lived with me her whole life...just that he is on the birth certificate. He also moved here from Mexico when he was 7. So he currently has to citizenship for the us. I hate to bring that up but I am so nervous of him showing up and trying to take her and me not knowing if or when they will be back is so scary! Please help!

Related Topics:
1 Lawyer Answer
M. Nicole Clooten
M. Nicole Clooten
  • Pendleton, OR
  • Licensed in Oregon

A: If there is no custody order in place then there is nothing to enforce and he could take her. I would suggest filing for custody immediately alone with a temporary order of restraint (status quo) in order to have a signed parenting time plan. Also, if he is driving drunk with her, there may be a reason to file for immediate danger if this is a common event.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.