Legal Question in Family Law in Maryland

father takes child from home

father catches mother cheating on him with her boss while the child is in the home can the father take the child from the home without it being a kidnapping situation?


Asked on 10/03/07, 1:53 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: father takes child from home

Until a court enters a custody order in favor of one parent, either can take custody of the child. But the father cannot deprive the mother of the opportunity to continue her relationship with the child. If he plans to formalize a separation, he should file a custody petition.

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Answered on 10/03/07, 2:34 pm
James Kruger Law Offices of James David Kruger, LLC.

Re: father takes child from home

If the courts have not decided the question of custody - both parants have equal rights as to custody until that decision is made. The reality is the court would probably not believe that the father taking the child in this instance would be in the "Best interest of the Child" [the legal standard] unless you can show the possibility of harm. Mother cheating gives you an immediate cause of action for divorce and custody challenge if you wish - probably the better route. So far Mother has done the wrongs - I wouldn't give her any ammunition. Sometimes a non-biased mind helps. Glad to see your looking for the answers. If I can help further, please let me know.

Note *** - This response is intended for general information purposes only and not as legal advice and does not constitute an attorney client relationship with the sender. Since each person's situation is different, it would be impossible and unethical to give legal advice without a full conference as an attorney/client relationship would require, obtaining in-depth facts particular to that case.

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Answered on 10/03/07, 5:09 pm


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