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salinasbates201 · Mar 8, 2011, 05:09 PM

My sister wants to move out of her boyfriends parents house because they no longer get along and they have a baby together, so I went to pick her up so she and the baby can come stay with me. But as soon as I got there the boyfriends parents picked up the baby and told my sister that she can't take the baby. Then we called the police but they said if the dad doesn't want the baby to go then the baby doesn't have to go. Is this right? My sister is not happy there. You can tell it in her face. How can we get her to come with me with the baby?

If she just leaves with the baby is it considered kid napping?

Please help me out in this situation. Thank you!

AK lawyer · Mar 8, 2011, 05:18 PM

Originally Posted by salinasbates201

...
if she just leaves with the baby is it considered kid napping?
...

No, but the police were right. Parents of a child have shared custody, unless one parent or the other gets a court order giving one or the other more specific custodial rights. So, if the father won't let her take the baby, she can't force him to, without going to court.

mammaju2 · Mar 8, 2011, 05:22 PM

The mom has rights over the father if they are not married.She doesn't need baby daddy permission, if they are not married...

salinasbates201 · Mar 8, 2011, 05:25 PM

So she can like sneak out with her baby without getting in trouble?

AK lawyer · Mar 8, 2011, 05:31 PM

Originally Posted by Mommaju2

The mom has rights over the father if they are not married. ....

Incorrect. Where did you get this idea?

Now, if the father's identity is unknown, and no father is named on the BC, that might be a different story.

Originally Posted by Mommaju2

... She doesnt need baby daddy permission,,if they are not married....

She doesn't need Daddy's permission whether they are married. But they can't each take a limb of the baby and start pulling, can they?

Originally Posted by salinasbates201

so she can like sneak out with her baby without gettin in trouble?

Essentially, yes. But she can't subsequently hide from the father. That may be considered parental kidnapping.

ScottGem · Mar 8, 2011, 05:34 PM

Originally Posted by mammaju2

The mom has rights over the father if they are not married.She doesnt need baby daddy permission,,if they are not married....

This is not at all correct. Parents have equal rights and absent a court order possession is what counts.

To Salinas.
The police were correct. The problem here is the grandparents are not the father and don't have such rights. If she just takes the baby, its not kidnapping unless she tries to hide the child from the father. However, the courts will not look kindly with one parent keeping the child from the other.

So your sister is better served by going to court and applying for primary physical custody. Courts are likely to favor the mother especially with an infant.

mammaju2 · Mar 8, 2011, 08:46 PM

IM NOT A LAWYER.. but if she isn't married... He can't stop her from taking her child.. I went threw same thing in Missouri so many years ago... And that's what my lawyer told me... Good luck..

Fr_Chuck · Mar 8, 2011, 08:52 PM

Mammaju, please stop using the comment feature to give answers, actually go to the answer box, normally at bottom of thread and actually answer the question.

Next sorry, if both or on the birth certificate you are wrong, the mother does not have automatic custody, but will normally get it, if she files for it, at least joint

ScottGem · Mar 9, 2011, 04:30 AM

Comment on salinasbates201's post
IM NOT A LAWYER.. but if she isn't married... He can't stop her from taking her child.. I went threw same thing in Missouri so many years ago... And that's what my lawyer told me... Good luck..

This is PARTIALLY true in Missouri. See Unwed Fathers' Rights in Missouri | eHow.com. But I don't believe its common and we don't know where the OP is. We also don't know whether any court action has been taken. In general, both parents have equal rights pending court action.

AK lawyer · Mar 9, 2011, 06:27 AM

Originally Posted by ScottGem

... This is PARTIALLY true in Missouri. See Unwed Fathers' Rights in Missouri | eHow.com. But I don't believe its common and we don't know where the OP is. We also don't know whether any court action has been taken. In general, both parents have equal rights pending court action.

ScottGemm, I don't see anything in the blog you linked to which would substantiate Mammaju's position.

There is one sentence, "The mother cannot ask for child support, and the father cannot ask for custody or visitation." which suggests something interesting, but even that suggestion is contradicted by the following sentence, "If a court order establishes paternity, custody, visitation and child support can be requested."

One would have to go to the original source: the Missouri statutes.

AK lawyer · Mar 9, 2011, 07:53 AM

Originally Posted by ;

452.375.
...
8. As between the parents of a child, no preference may be given to either parent in the awarding of custody because of that parent's age, sex, or financial status, nor because of the age or sex of the child.
...

2009 Missouri Code Title XXX DOMESTIC RELATIONS Chapter 452 Dissolution of Marriage, Divorce, Alimony and Separate Maintenance 452.375. Custody--definitions--factors determining custody--prohibited, when--public policy of state--custody options plan,

"(1976) The desirability of awarding custody of children of tender years, especially girls, to their mother should not be indulged in to the extent of excluding all other relevant matters. R.G.T. v. Y.G.T. (A.), 543 S.W.2d 330."

salinasbates201 · Mar 9, 2011, 04:02 PM

Do you guys know the law in Colorado? And another thing the family won't let my sister leave the house with the baby, not even to the park or anything, isn't that considered kidnappin? She just turned 19.

salinasbates201 · Mar 9, 2011, 04:05 PM

Do you guys know the law in Colorado? And another thing the family won't let my sister leave the house with the baby, not even to the park or anything, isn't that considered kidnappin? She just turned 19.

salinasbates201 · Mar 9, 2011, 04:15 PM

And another thing the family won't let my sister leave the house with the baby, not even to the park or anything, isn't that considered kidnappin? She just turned 19.

ScottGem · Mar 9, 2011, 04:28 PM

Originally Posted by AK lawyer

ScottGemm, I don't see anything in the blog you linked to which would substantiate Mammaju's position.

Umm what about this:

However, this affidavit does not grant him custody, visitation or child support rights. For those rights, he must file a paternity suit that grants him the right to petition for custody of his child.

ScottGem · Mar 9, 2011, 04:31 PM

Originally Posted by salinasbates201

do you guys know the law in colorado? and another thing the family wont let my sister leave the house with the baby, not even to the park or anything, isnt that considered kidnappin? she just turned 19.

Se has to go to court to formalize custody/ But they can't legally keep the child a prisoner. Unless, however, the police will support her rights, she has to go to court to confirm them.

salinasbates201 · Mar 9, 2011, 04:40 PM

OK so if I go to pick her up and she has the baby in her hands they can't hold her in the house or try to take the baby from her?

ScottGem · Mar 9, 2011, 05:03 PM

It depends on how far they want to go. Also, I previously told you, she doesn't want to do anything by force. Again, use the courts. Let them be the bad guys.

salinasbates201 · Mar 9, 2011, 05:07 PM

OK thank you for your help!

Fr_Chuck · Mar 9, 2011, 05:11 PM

Who does the baby belong to, you, your mom, your sister ?

If it is your sisters baby, and your sister is 19 she can do and go anywhere she wants with the baby.

In turn if she lives with family and not her own home, they may also kick her out if she does not do what they want.

And no it is not illegal, since your sister is allowing them to make the rules, and remaining in their home, she may do what she wants and take the baby, they can not stop her.
If they physcially stop her with force then they are breaking the law.