Legal Question in Family Law in Kentucky
who has a right to the child
a mother and father are not yet divorced. father abandoned wife and child. father now wants to come into town and take child back home with him. mother doesn't want child to go. does father have a right to do this? Can is be stopped even though they have done nothing legally yet to stop marriage or gain custody of child?
2 Answers from Attorneys
Re: who has a right to the child
Both parents have an equal right to the child. An attorney should be consulted as to what can be done in the particular circumstance. If the father is allowed to take the child then he can have it. It is his as much as the mother's. All of the other things do not matter until the issue is addressed in a child custody proceeding in Circuit Court.
Re: who has a right to the child
I agree with Mr. Owens. In this case, it is important to get the advice of counsel. Your question raises even more questions. For instance, when you say "abandoned," what exactly do you mean? Where is "back home? These are questions an attorney will need to know.
Even though both parents have the right to be with the child, if you have legitimate concerns about the physical, moral or emotional well-being of the child being with its father, then you need to address that through the legal avenues available. Further, if you are separated, then issues regarding custody, visitation and child support need to be addressed.
Please speak to an attorney as quickly as possible, especially if you are concerned that the father will take the child and leave the state.
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