Legal Question in Family Law in New Jersey
Maternal Rights
I am married to a man (not legally) We fight often and he threatenes to take our kid away from me. A mother has more rights to her child than a man doesn't she. If I left with the child would I be able to take it across the state line? What if I left while he was away? Could he say I kidnapped my child?
Asked on 1/12/98, 11:40 pm
1 Answer from Attorneys
Jes Beard
Jes Beard, Attorney at Law
Maternal Rights
While I'm not licensed in your state and therefor can not comment on the law there, in MOST states, the mother and father have identical parental rights.The mother has no more, or less, than the father has.The only difference is that the mother is known with some degree of certainty.Until the father's paternity is established, he has no more right to the child than someone down the block.
Answered on 1/13/98, 7:10 pm
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