I have a 4yr old son that is currently living with his father. Neither one of us has custody. I feel that my son is not being taken care of properly and want him out of the home. However, I am unable to take care of him at this time. I want to give my 18yr old daughter temporary custody of him until I can get on my feet. The father hates me, and I know he will not sighn a temp. custody paper. My question is... Since neither has custody, I know that I can just go get my son, and he can't stop me. But, can I do a temperary custody paper without his signature?

Hello My:

It's not a good idea to piggyback your question on top of an old one. It's not going to get the attention it deserves that way. I know that you didn't know. The site needs to make that stuff clearer.

You need to do this through the family court. No, he won't sign a custody order taking away his son, Who would? And if you go TAKE him, even though you may not get into trouble with the law, the family court judge will return him to his father at the first opportunity. Taking him will indicate to the judge that you don't have your child's best interests at heart.

excon

If there is no custody order, can I just go get my kid?

Please post all of the info in one place -

How did the father get physical custody? If the child lives with him he DOES have physical custody of the child.

And, no, you can't just go and get your "kid" so you can turn him over to your 18 year old daughter to raise.

It would be a form of kidnapping.

Go to Court and get custody finalized and/or changed.

You don't need to start a new thread each time you want to ask more questions or add information. Just scroll to the bottom of the page and type in the box titled "Answer this question."

Just because there is no court order does not mean that no one has custody - you both have equal rights to the child at this point. As excon already pointed out, just showing up and taking the child out of his familiar environment doesn't show that you have his best interests at heart.

Can you give us some more information? How long has your son lived with his father? Has the father been established as the legal parent by either a DNA test or paternity acknowledgment? Is he listed on the child's birth certificate? What has changed that you suddenly feel that the child is not being properly cared for?

I honestly cannot fathom why a judge would allow an 18-year-old girl to be responsible for a four-year-old unless both parents are that incredibly unfit to be raising a child.

We posted at the same time!

In NY no 18 year old would be given custody of a 4 year old.

I don't know where OP is.

There is no custody order for my son. I know that I can take him at any time. He lives with his father. However, I feel that he is not being very well taken care of. I want to sighn temp. custody to my daught until I am able to care for him. Do I have to have his name on the paper.

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Originally Posted by Myhoodness

there is no custody order for my son. i know that i can take him at any time. he lives with his father. however, i feel that he is not being very well taken care of. i want to sighn temp. custody to my daught until i am able to care for him. do i have to have his name on the paper.?

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Creating new threads isn't going to get you a different answer. No, you cannot "take him at any time" just because there is not a custody order entered through the courts.

You cannot give your child custody of your other child without the other parent's consent.

Quote:

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Originally Posted by Myhoodness

there is no custody order for my son. i know that i can take him at any time. he lives with his father. however, i feel that he is not being very well taken care of. i want to sighn temp. custody to my daught until i am able to care for him. do i have to have his name on the paper.?

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I would like to know how you know you can take him at any time without breaking the law. Please give info on that because it's a frequently asked question.

First you asked if you could take him. Now you post that you can. How did you get so educated on the law in 30 minutes?

If by "have his name on the paper" you mean does the father have to sign, the answer is "yes."

Of course the father would have to agree to letting your daughter raise the boy. If you want to have custody changed legally then you need to go to court to ask for custody... however, you would first have to prove the father unfit in court with facts and proof not just your opinion. Then you would have a chance at custody but you already said that you are not in the position to take care of him so why would the court award you with custody if you admit yourself that you can not care for the child. If you are that worried about your son's care then let child services know and let them check it out. If they find him in unlivable conditions then they will remove him and place him in foster care. Again, probably not with your daughter because she is only 18 does she have a place with an extra bedroom for him and enough money to pay all his bills with out getting assitance from th government?