Q: If the paternal father is keeping the child from its mother, is the mother within her right to take her child from him?
The couple never married, and there is no custody agreement in place The paternal father will not disclose the whereabouts of her children The paternal father allows her to speak to her children contingent on her sending him money there is no child support agreement in place.
A: There is no way to answer this without knowing more facts of the case. Were the parents married or has the father legitimized the child? Without either one of those then the father has no legal rights to the child. If they were married or the child has been legitimized then we’d need to know the details of the court order, because he could be in contempt. It would be wise to consult with an attorney who can review the facts of the case in detail and help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558
A: I agree with my colleague. We would need to know whether the father has legally been established as the legal father through either marriage or a prior legitimation action to determine both parties rights under these circumstances.
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