I wanted to know can the mother of my child with no court order stop me from taking my daughter to the park in California where she resides

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Originally Posted by daddyluvsmonkey

I wanted to know can the mother of my child with no court order stop me from taking my daughter to the park in california where she resides

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If there is no court ordered visitation the mother has total control because she is the custodial parent. She gets to call the shots.

If you want it to be otherwise, take her to Court for visitation, possibly custody, and pay child support by Court order.

I would consult an attorney. If there is no court order for custody for either parent, YOU have just as much right as SHE has to do ANYTHING with your child, within the law. I would suggest an order of custody and/or visitation to protect yourself from false accusations of kidnapping or attempted kidnapping.

**mother of 4 who has been there**

I forgot to mention that my ex tried to keep the children from me, and I consulted an attorney who informed me it was not kidnapping on his part because there was NO COURT ORDER APPOINTING A CUSTODIAL PARENT IN PLACE YET. Just because the man or woman leave with the child(ren) does not autmatically make that parent the custodial parent. But please, check with your local lawyers offices to ensure this is correct!

**mother of 4 who has been there**

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Originally Posted by crooked_halo

I would consult an attorney. If there is no court order for custody for either parent, YOU have just as much right as SHE has to do ANYTHING with your child, within the law. I would suggest an order of custody and/or visitation to protect yourself from false accusations of kidnapping or attempted kidnapping.

**mother of 4 who has been there**

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This is not entirely correct - he has no rights until he gets them and he only gets them through the Courts. At this point the mother as the custodial parent holds all the cards.

If your experience was to the contrary would you please post the details?

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Originally Posted by crooked_halo

I forgot to mention that my ex tried to keep the children from me, and I consulted an attorney who informed me it was not kidnapping on his part because there was NO COURT ORDER APPOINTING A CUSTODIAL PARENT IN PLACE YET. Just because the man or woman leave with the child(ren) does not autmatically make that parent the custodial parent. But please, check with your local lawyers offices to ensure this is correct!

**mother of 4 who has been there**

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Was there acknowledged paternity in your situation? I don't see that here.

The person the child lives with IS the custodial parent until the Court decides in a different manner. That's what "custodial" means. The mother can - and apparently has - refused to allow the father to take the child and until a Court tells them both otherwise, she has that absolute right.

Yes, my ex did acknowledge paternity AND was paying me child support for the children at the time. He kicked me out, allowed me to take the children with NO argument, and I was still told I had NO RIGHT to deny him access to the children WITHOUT a court ordered agreement regarding CUSTODIAL PARENT in place. This meant he could, by law, pick our children up from school without my knowledge, and there was nothing I could do. I filed as soon as I was told this, and we now SHARE JOINT LEGAL custody of our children. But like I said, please check with your local law to ensure this is correct for your area.

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Originally Posted by crooked_halo

yes, my ex did acknowledge paternity AND was paying me child support for the children at the time. he kicked me out, allowed me to take the children with NO argument, and I was still told I had NO RIGHT to deny him access to the children WITHOUT a court ordered agreement regarding CUSTODIAL PARENT in place. This meant he could, by law, pick our children up from school without my knowledge, and there was nothing I could do. I filed as soon as I was told this, and we now SHARE JOINT LEGAL custody of our children. But like I said, please check with your local law to ensure this is correct for your area.

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Okay, now I've checked Pennsylvania law. There is absolutely no law that absent a Court Order the custodial parent has to allow visitation to the non-custodial parent. I don't know who told you this. Certainly not the Police because it's not a criminal matter and certainly not an Attorney because it's not the Law. ("If one parent refuses to provide the children to the other parent, the only remedy is to file for custody.")
Family Law - Hilary Kinal Law Office - Beaver County Pennsylvania PA Family, Divorce & Elder Law Lawyers, Attorneys & Law Firms - OptimusLaw®

Or else the Attorney was wrong.

Morally SHOULD the custodial parent allow visitation? Yes. Legally does the parent HAVE to allow visitation? No. If the custodial parent does NOT allow visitition, what is the legal remedy? A Court order.

Ok, if you are on the birth certificate or if there is a legal record of you being the parent, you have as much right as the other parent to the child.

But if that child is living with that parent, you can not physcially force her and the police will not force her.

So if she says NO, and shuts the door, you can't, you can not force her in any way if she just says no.

That is why you have to get a court order for proper visits, and then she can still stay no, and you have to take her to court.

You can not just show up without her knowing you are coming and expect to even see the kids.