Conway, AR asked in Child Custody and Family Law for Arkansas

Q: can i legally go get my baby? if not what do i do?

My ex wont allow me to see my baby. I havent seen her for 5 weeks. My exs attorney wont allow me to come get the baby even though legally nothing has been decided about custody. I know legally right now we have equal rights to the baby but i dont what to get in trouble for just going to get her.

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1 Lawyer Answer
Dustin A. Duke
Dustin A. Duke
  • Cabot, AR
  • Licensed in Arkansas

A: If you and your ex are married and the child was born during the marriage, then you are correct that you both have equal rights to him/her. Therefore, the law does not prevent you from getting your child from a third party such as daycare or school. However, if your ex has an attorney, it sounds like a divorce may have been filed or will be soon. It would be best to have a temporary custody hearing in the divorce to decide temporary custody and visitation. That would prevent the child from being pulled back and forth by you and your ex. It would be in your best interest to hire an attorney for the divorce, especially if your ex already has an attorney.

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