Legal Question in Family Law in Kansas
child custody
If the parents of a child are unmarried and do not live together and there are no papers drawn up regarding custody, does the mother have a right to come and take the child from the father's home when he is watching the child?
Can the mother press charges on you for just saying that you will leave the child out in the cold and not actually doing it?
1 Answer from Attorneys
Re: child custody
In a situation where there is no court order governing parenting time, common sense rules. If the father said he would leave the child out in the cold, the mother is justified in coming to get the child. If the mother believes the threat is real, she may make a request for an SRS investigation as to neglect or abuse by the father. The best answer for all parties is to file a paternity action and to develop a parenting plan that will detail the rights and responsibilities of the parties.