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Can a father with parental responsibility take a child away from mother?

I would like to know whether my ex partner can take away my son and get away with it. My ex boyfriend has threatened lots of times that he will take away my son from me and because he is the father there is nothing that anyone can do about it, if the police are called then they can only ask him to take the baby back to mother not force him.

we split up 5 weeks ago and I am scared to let him have my son in case he don't bring him back. My son is my world i would do anything for him except stay with his controlling, manipulating and useless dad.

I would never say a bad word to my son about his dad and always encourage him to talk to him on the phone and will always want him to have as much contact that he wants but its just the fact that he has threatened to not bring him home that I wont let him.

My son is 1 please please give me some advise, can he really take him away without anyone doing anything?

Update:

Thank you so much for your replies. Its really helped.

Your right he couldnt handle him full time but I know his mother would love to take care of him 24/7.

10 Answers

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  • Orla C
    Lv 7
    1 decade ago
    Favorite Answer

    Lovey, you need to talk to a family law solicitor, go to your nearest Citizens Information Bureau and find one who can take you on legal aid.

    As far as I know, the biological father has no rights, and if he removes the child from your care, it is kidnapping and a criminal offence.

  • Anonymous
    1 decade ago

    If you live in California or Arizona, than yes, otherwise no. Single fathers have no legal rights to the child in the other states, period. I'm a fathers rights advocate, so I know the laws.

    I hope you two will get counseling and get back together for the child. Here's some help.

    Stupid Things Parents Do to Mess Up Their Kids

    http://search.barnesandnoble.com/booksearch/isbnin...

    Ten Stupid Things Couples do to Mess up Their Relationships

    http://search.barnesandnoble.com/booksearch/isbnin...

  • 1 decade ago

    this is a very hard subject to get around the law states that as the child is in your care you are the one responsible for his well being? but then in the same breath it also states that nowadays the father has as much rights as the mother BUT an here's the but due to you not being married you actually have a higher percentage of rights over your son and by law unless you do this amicably your ex-partner has to go to court for access at which time he will have to abide by the rules set upon him, i say at the moment let him see his son for an hour but in the presence of someone you trust or with you if that would be possible? at the end of the day if he just took him and vanished he will have technically kidnapped him,

  • Anonymous
    1 decade ago

    I have had police advice on this before and this actually is the case. You need to get parental responsibilities equally divided and drawn up properly by a solicitor to put your mind at rest. A lot of solicitors offer a free first half hour and if you are on benefits you can get legal aid. Check out your local paper for a solicitor who does this or speak to other single mums who have been in this situation before and can recommend one. You don't want your partner to stop seeing your son but you just need to protect your own rights too. Explain this to him and get something drawn up in writing for you both as to who has access and when.

    Source(s): Previous experience
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  • Anonymous
    1 decade ago

    he can't do anything LEGAL with going to court ad requesting a custody modification and they will rarely change that - he's wrong about not getting into trouble - he could be charged with kidnapping or similar offenses if there is no custody agreement in writing, allowing him visitation and he takes the child without your permission. I hope you have filed for child support by now - you are entitled to that regardless of visitation or custody orders

  • 1 decade ago

    You are now a single parent which means that you can get free legal advice (I'm guessing that you are from the UK). Sit down with the phone book today and find a good solicitors. They will more than likely tell you to apply for a Residency Order, this is a court order that requests that the child resides (lives) with you.

  • Anonymous
    1 decade ago

    sorry but they are all wrong. My childrens father has my daughter i had residence order of her but now she lives with him and now he is trying to take my son, i only saw my family law solicitor today and she says i literally have no rights apart from having contact. The partner has to be unfit not to have the child. I was devastated when she told me that, My children are older so i dont know if your situation would be different as he is only 1. Apparently fathers have more rights now. Go and see a family law solicitor. I know how you feel. Email me if you would like to talk and can explain my story from beginnging to show i know what i am talking about and i can explain to you properly what happens

  • Anonymous
    1 decade ago

    even though he is your sons father he does not have as many rights as he thinks he has . u must go to a solicitor tell them what is going on say u r frightened that if he has him he wont bring him back u can get a court order that even if he is late bringing him back u can have him arrested but u must have it all legal and all in black and white .

  • Anonymous
    1 decade ago

    No unless he got a court ruling that favors him as the caretaker. Most of the time, the judge would rule in favor of the mother getting custody of the children.

  • Anonymous
    1 decade ago

    he might say that but would he actually want to have him full time?? hel probably bring him back sooner than you think. But no i think as he stays in your home that would be seen like abduction.

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