I am in the state of Wisconsin and we were never married. I am leaving him due to his drinking problem and want to take her out of that situation. I am leaving him on Friday but I am afraid he will just take off with her...does he have the right to??
He may not have the right-but anything is possible, especially with an addict or alcoholic.
A women's center/shelter can assist you in getting out safely and quickly.
Good luck. Be safe.
he doesn't, but then again, nor do you.
don't wait until friday. get out today. and get to a lawyer pronto.
good luck!
khairete
S.
Does he know you are leaving? If he knows, he may very well try to take your daughter.
Without custody papers, either of you could do this... and this is what you are doing, also..... I realize you are doing this to try to protect the children, but still... it is his daughter, also. (And... he may do it just out of spite.... just to hurt you by his actions.)
The best thing would be to see someone to handle the legal aspects... custody papers, separation, child support, all of that. There may be a community help group in your area that has low-cost or no-cost lawyers to help with this type of thing.
As long as he is her "legal" father, he has the same rights as you do to take her. get papers drawn up asap
What is his legal stance? I don't know. You need to consult a lawyer.
If he is listed as her father on the birth certificate, he has legal rights to her. Can he just "take off" with her? Sure. He is her father. Can he leave the US? Yes. Just like you can.
Here's a Wisconsin guide. Please consult a lawyer.
http://dcf.wisconsin.gov/publications/pdf/dcf_p_dwsc15445...
You should be asking a lawyer, not strangers on the internet.
He has as much of a right to as you do. And you are certainly planning on it.
If his name is on the birth certificate, he has as equal a right to take her as you. I've faced this situation as a police officer. We have to tell both parents that physical custody has to be decided by family court. I suggest you get custody established thru the court if you expect him to run off with her.
Most parents don't do this and still the separation works without the father actually running away (leaving the area) with the child. Sometimes they do call the police and some officers/jurisdictions will try to mediate. We advise getting a court order and as many on this sight will tell you it's a long painful process when the father wants custody and is willing to fight dirty.
Unless your boyfriend is abusive I would try to find a way to gain his cooperation in making plans for separation. If you think thats not possible then I suggest you talk with a counselor at a shelter about how to handle this. Talk with an attorney about gaining legal custody.
Even if he doesn't run with her, he can make life very miserable trying to gain custody. Your leaving needs to be well planned.
If he is her father and listed on her birth certificate, his rights are the same as yours. If he knows you're leaving him on Friday and taking her, there is nothing to stop him from leaving on Thursday and taking her with him instead. I don't know why you're waiting, but I suggest getting out of there ASAP, especially if there is a legitimate reason to think he's going to run off with your daughter.
You need a lawyer and you need one now. I don't care if you can't afford one - you have to find a way. This is a huge mess waiting to happen. I think you are absolutely doing the right thing by getting her out of a bad situation, but you have to do it the right way so it doesn't backfire. Call a lawyer now.
I would say he has just as much right as you do, so long as you are both the natural parents.
You will need legal advice from someone within your state. You will then want to share with your attorney why you are leaving and perhaps possibly the courts will entertain the idea that you will become the full custodial parent.
However, I will warn...a lot of parents drink. That does not make them unfit parents. So have some evidence.
This isn't enough info to answer your question. Good luck.
First things first. In the eyes of the law both parents have equal rights to the children, this is why it is important to establish through the court legal custody.
Whether he is or isn't on the birth certificate matters when going to the courts to establsih whom should be custodial parent. The Police won't help you unless custody has been established through the courts.
Get your ducks in a row while you leave him but don't let him know what you are up to. Don't tip your hand for your child's safety.
If he is listed on the birth certificate and if there are no custody orders in place, then yes, he has as much right to her as you do. Don't know if he/you can take her out of state, but definitely within the state.
yup he sure does-you best get some legal help-good luck
