No custody order, no paternity, if the father refuses to give me back our infant kidnapping my child?

Asked 12 months ago - Chandler, AZ

There's no custody order and we were never married. He's on the birth certificate and I believe we signed an affidavit of paternity at the hospital when she was born. I drafted a visitation agreement, which he signed, that states the days and times she will be with him. I'm planning on hiring an attorney to sort out custody but in the mean time I would like him to see his daughter. He's upset about our falling out and I'm worried that he may do something stupid like try to keep her. Is this kidnapping? Will the police be able to help me get her back?

Attorney answers (1)

  1. Thomas A Morton


    Contributor Level 14

    Answered . The police may help you get her back. This is custodial interference, which is a crime. The father of a child born out of wedlock has no legal decision making (custody) or parenting time rights until a court enters an order granting him rights. Therefore, if he gets upset and withholds your daughter, call the police. Also, I do not recommend that you withhold your daughter from him just because you can. You have a written agreement and are about to go to court, so don't do anything that makes you look unreasonable.

    All information on this website is not, and is not intended to be, legal advice. You should consult an attorney... more

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