Legal Question in Family Law in Missouri
can i get my daughter back before the custody hearing?
my daughter was taken by her father three weeks ago. i thought we were mature enough to handle the custody arrangements ourselves but he has decided not to give her back. i have always been her primary caretaker. he was just released from jail actually. no paternity has been established and we were never married. does he have the right to keep her away from me untill the court date?
1 Answer from Attorneys
Re: can i get my daughter back before the custody hearing?
What Court date? Is there a Court Order placing custody of this child with the supposed father? I doubt it if there has been no legal determination of paternity. If this is so, then he has no legal right to the custody of this child and you should go and get your daughter back from him with the assistance of law enforcement if necessay. However, if he signed an affidavit of paternity, was determined to be the legal father by the division of child support enforcement, or its sucessor, or if he was determined to be the father by a Judge, then he may indeed have legal rights. You need to consult with an attorney right away and hire one to represent you in court if you have not done so already.
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