I have a legal question

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John_Blazini
John_Blazini Members Posts: 14,837 ✭✭✭✭✭
edited June 2010 in For The Grown & Sexy
I had to re do this since they did not move it form Donkey.


My home boy has a daughter and he wanted to take her for the summer, her mom is telling him he can't take her because he wont give her money or some ? and she hates that her daughter likes his girl. Basically using her as leverage. He did not sign anything waiving his right of custody to his daughter. Is there any legal repercussion if he just takes his daughter? the ? up part about this whole thing is his daughter wants to go stay with him.
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  • some_dude
    some_dude Members Posts: 180
    edited June 2010
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    Does he pay child support? Is there some sort of visitation clause?
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  • fiat_money
    fiat_money Members Posts: 16,654 ✭✭✭✭✭
    edited June 2010
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    He'll have to jack her.
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  • The Prodigalson
    The Prodigalson Members, Writer Posts: 8,715 ✭✭✭✭✭
    edited June 2010
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    Only way is to go to family court cause if he just up and take her he could get charge with kidnapping even though it's his daughter he doesn't hav sole custody of her.
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  • Mastery
    Mastery Guests, Members, Writer, Content Producer Posts: 14,776 ✭✭✭✭✭
    edited June 2010
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    If neither parent has sole custody and they have not gone to court to establish custody matters then legally their is nothing she can do if he takes his daughter. She can call the cops all she wants and the first thing they will ask her is if she has legal sole custody by court order... If she cant produce a document that states just that, their is nothing they can do. That is how it is here in California, I'm not sure about any other states.
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  • MsSouthern
    MsSouthern Members, Moderators Posts: 21,791 Regulator
    edited June 2010
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    Is there a court order ?

    Has he signed an acknowledgement of paternity ?

    How old is his daughter?
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  • fiat_money
    fiat_money Members Posts: 16,654 ✭✭✭✭✭
    edited June 2010
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    fiat_money wrote: »
    He'll have to jack her.
    Basically, take her out for ice cream, and return her at the end of the Summer.
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  • John_Blazini
    John_Blazini Members Posts: 14,837 ✭✭✭✭✭
    edited June 2010
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    nah they never signed anything they did sing something saying she does not want child support from him but that was when she though they would stay together. His daughter is like and she wants to actually go with him. as far as custody he never gave up his rights nor did she take him to court to gain full custody. The daughter does live with her though.


    @ Fiat this ? called me and has this plan like he driving up and switchin cars when he gets here so she cant trace him hahaha.
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  • Lorenzo de Medici
    Lorenzo de Medici Members Posts: 5,739 ✭✭✭
    edited June 2010
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    I think the answer's clear fam. ? the wife.
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  • MsSouthern
    MsSouthern Members, Moderators Posts: 21,791 Regulator
    edited June 2010
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    If there is no court order granting visitation then he really has no possession rights unless they are married

    He needs to get something set up asap

    and kidnapping his child is NOT an option ....smh
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  • fiat_money
    fiat_money Members Posts: 16,654 ✭✭✭✭✭
    edited June 2010
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    Lorenzo de Medici wrote: »
    I think the answer's clear fam. ? the wife.
    Damn, my answer was shortsighted. Killing her is a better solution.
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  • John_Blazini
    John_Blazini Members Posts: 14,837 ✭✭✭✭✭
    edited June 2010
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    mssouthernthang wrote: »
    If there is no court order granting visitation then he really has no possession rights unless they are married

    He needs to get something set up asap

    and kidnapping his child is NOT an option ....smh

    it's only for the summer lol
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