What Rights Do Unmarried Parents Have When Ex Takes Baby and Leaves #ChooseGoldmanLaw

The assumption is that mothers have custody rights in a non-marital partnership. What should you do if your ex-spouse is attempting to flee town with the baby? Both parties are presumed to have a right to appear before the court. Both parties have the option of requesting shared custody. What rights do unmarried parents have when ex takes baby and leaves?

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Don’t panic and don’t run away. In the long term, leaving town will only make things more challenging for you. Make a police call. It’s possible that your ex-partner is hostile, violent, or threatening. You should call the police immediately. Contact a lawyer. A lawyer can assist you in requesting custody of your child from the court. Attend court. The court will arrange a hearing to decide who should have custody of your child once you have filed a court order. It’s critical to remember that you are not alone. There are several places where unmarried parents can find assistance. Consult with family law experts and non-profit organizations for assistance. If you are an unmarried parent and your ex takes your baby and leaves town, it is important to understand your rights. Under Michigan law, unmarried parents have the same rights and responsibilities as married parents. However, there are some important differences that unmarried parents should be aware of.

What Rights Do Unmarried Parents Have Over Their Child?

Unmarried parents have the same rights to their children as married parents. These rights include the right to:

Have custody of their child

Custody is the legal right to make decisions about a child’s upbringing, such as where the child will live and go to school. There are two types of custody:?

• Legal custody gives the parent the right to make decisions about the child’s upbringing, such as where the child will live and go to school, what kind of medical care the child will receive, and what religion the child will be raised in.
• Physical custody gives the parent the right to have the child live with them. Physical custody can be sole or joint. Sole physical custody means that the child lives with one parent most of the time. Joint physical custody means that the child lives with both parents some of the time.

Visit their child

Visitation is the right to spend time with and interact with a child. Visitation schedules can vary depending on the needs of the child and the parents. In the context of parental rights of unmarried parents, visitation is particularly important because it allows both parents to maintain a relationship with their child. This is important for the child’s emotional and social development. Unmarried parents have the same right to visitation as married parents. However, unmarried parents may need to go to court to establish visitation, especially if they are not living with the other parent.

Make decisions about their child’s upbringing

This includes decisions about the child’s education, healthcare, and religious upbringing. It is important to note that these rights are not automatic. Unmarried parents may need to go to court to establish their rights. Here are some examples of how unmarried parents can exercise their rights:

• An unmarried mother has the right to decide where she wants to live with her child, even if the father does not agree.
• An unmarried father has the right to visit his child regularly, even if the mother does not want him to.
• Both unmarried parents have the right to make decisions about their child’s education, healthcare, and religious upbringing.

It is important to note that custody is not always permanent. If a parent’s circumstances change, they may be able to petition the court for a change in custody.

How Does the Law Address Situations When an Ex Takes the Baby and Leaves Town?

If your ex takes your baby and leaves town without your permission, this is considered parental kidnapping. Parental kidnapping is a crime in Michigan, and your ex can be arrested and charged.

Getting Your Child Back

If your ex is caught with your child, the police will likely return the child to you. However, if your ex is able to leave the state with the child, it may be more difficult to get your child back. This is because each state has its own laws regarding child custody, and there is no single federal law that governs parental kidnapping. This means that if your ex leaves the state with your child, you may need to file a custody case in the state where your ex is now living.

What To Do in the Event of Parental Kidnapping

If you are the victim of parental kidnapping, there are a few things you can do:

• File a police report. This will create a record of the kidnapping and will help the police to track your child down.
• Contact the National Center for Missing & Exploited Children (NCMEC). NCMEC is a non-profit organization that helps to reunite families with their missing children.
• Hire an attorney. An attorney can help you to file a custody case and to navigate the legal process.

If your ex is arrested and charged with parental kidnapping, they could be sentenced to up to five years in prison and/or a fine of up to $10,000.

Preventing Parental Kidnapping

Here are some tips for preventing parental kidnapping:

• Keep track of your ex’s contact information and where they are living.
• Do not let your ex take your child out of state without your permission.
• If you are concerned about your ex’s mental state or behavior, seek professional help.

It is also important to remember that you are not alone. There are many resources available to help you if your child has been kidnapped, including the police, NCMEC, and attorneys.

Are the Rights of Unmarried Parents Different from Those Who Were Married?

The rights of unmarried parents are generally the same as the rights of married parents. However, there are a few important differences. Indeed, while parental love is universal, the legal rights of parents can differ based on their marital status. Both unmarried and married parents fundamentally have the responsibility and right to care for their children. However, the legal processes and presumptions may vary.

A Presumption of Joint Custody for Unmarried Parents

For married parents, there’s often a built-in assumption or presumption towards joint custody. This implies that unless there’s a significant reason, both parents will share custody. However, for unmarried couples, this presumption doesn’t automatically exist. When an unmarried couple separates, the parent seeking custody rights must initiate a legal process to establish them. Without formal recognition from the court, one parent might hold more de facto control over the child’s upbringing. The concept of joint custody is deeply rooted in the principle that children generally benefit from maintaining close relationships with both parents. In legal contexts, this has translated into the presumption of joint custody for many married couples during divorce proceedings.

• Joint Custody Assumed for Married Parents. For married couples, the legal system often starts with the presumption that both parents have been actively involved in the child’s life. Thus, unless there are specific concerns or reasons, such as abuse, neglect, or other significant factors, joint custody is frequently seen as the default or starting point in custody determinations. This ensures that both parents continue to play an active role in the child’s life post-separation.
• Unmarried Parents Will Navigate Custody Issues. For unmarried parents, the landscape is different. The absence of a marital bond means there isn’t an automatic legal framework establishing shared parental rights and responsibilities. Instead, the parent desiring specific custody or visitation rights might need to seek court intervention to clarify and legally define their role.
• Challenges Unmarried Parents Face. Without an established presumption of joint custody, unmarried parents can sometimes encounter situations where one parent exerts more control or influence over the child’s life by default, especially if they’ve been the primary caregiver. The other parent, despite having genuine interest and love for the child, might find themselves in a position where they need to actively pursue legal avenues to formalize their rights and ensure they are part of the child’s life. This can lead to additional legal complexities and potential emotional strain on all parties involved, underscoring the importance of understanding one’s rights and seeking appropriate legal counsel.

Child Support for Unmarried Parents

Obtaining child support can present challenges for unmarried parents, especially if the other parent relocates out of state. While child support is a right of the child, enforcement of support orders across state boundaries can be complex. In contrast, married parents, through the divorce process, generally have more streamlined mechanisms for enforcing child support. If an unmarried parent’s ex relocates, that parent might have to navigate the legal system of the new state to ensure continued child support, adding layers of complexity to an already challenging situation.

What Legal Recourse Exists if the Non-Custodial Parent Leaves with the Child?

Navigating through the legal maze when a non-custodial parent unilaterally decides to relocate with the child can be daunting. Understanding your rights and the available legal channels is pivotal to ensuring the safety and best interests of your child.

Filing a Police Report

Filing a police report is an important step to take if your child has been taken without your permission. Parental kidnapping, even if it is by a parent, is still a crime. Filing a police report can help you in a number of ways:

• Establishing Documentation. A police report provides an official record of the incident. This record can be crucial in subsequent court proceedings, such as a custody hearing or a child support hearing. The police report will document the facts of the case, including the date, time, and location of the kidnapping, as well as the description of the child and the abductor.
• Immediate Action. Law enforcement agencies can act swiftly to locate a missing child, especially if they believe that the child is in immediate danger. This may include putting out alerts to the public or even issuing an Amber Alert. An Amber Alert is a national emergency alert system that is used to broadcast information about missing children.
• Laying Groundwork for Legal Proceedings. Having a police report can strengthen your case if you need to approach a court for custody or other related orders. For example, if you are seeking a custody order, the police report can help to show that the other parent took the child without your permission and that they may be a flight risk.

Establishing Custody in Court

If you haven’t previously established official custody arrangements:

• Clear Definition of Rights. The court can delineate clear custody and visitation rights, ensuring both parents understand their responsibilities and limitations. When you establish custody in court, the judge will issue a court order that outlines the custody and visitation rights of both parents. This court order will be legally binding, and it will provide clarity and certainty for both parents.
• Protection Against Future Incidents. A clear court order can prevent future unauthorized relocations or disputes over the child’s residence. A court order can also help to protect against future incidents, such as one parent taking the child out of state without the other parent’s permission. If a parent violates a court order, they can be held in contempt of court and may be subject to legal sanctions.
• Leverage in Legal Disputes. If disputes arise in the future, having an established court order can provide legal clarity and leverage. For example, if one parent tries to modify the custody order, the other parent can argue that the existing order is in the best interests of the child.

Court Enforcement of Child Support Orders

If the non-custodial parent is also neglecting their financial responsibilities:

• Ensuring Financial Responsibility. Courts can mandate the non-custodial parent to adhere to child support agreements, ensuring that the child’s financial needs are met.
• Legal Consequences. Non-compliance with court-mandated child support can lead to penalties, garnishment of wages, or even jail time in some jurisdictions.
• Cross-State Enforcement. Modern laws, such as the Uniform Interstate Family Support Act (UIFSA), have made it easier to enforce child support orders across state lines, closing a previously exploited loophole.

In all these situations, it’s highly recommended to consult with a legal expert, ensuring that your actions align with the law and are in the best interests of your child.

How Can Unmarried Parents Ensure Their Rights Are Protected?

Unmarried parents can protect their rights by taking the following steps:

Establish paternity of their child

This is important because it gives the unmarried parent the legal right to make decisions about the child’s upbringing and to seek child support. Paternity can be established by signing an Affidavit of Parentage or by having a paternity test done. There are two ways to establish paternity:

• Affidavit of Parentage. Both parents can sign a document called an Affidavit of Parentage to establish paternity. This document is legally binding and does not require a court order.
• Paternity test. A paternity test is a DNA test that can be used to prove who the biological father of a child is. Paternity tests can be done at a doctor’s office or at a private testing center.

If you are an unmarried parent, it is important to establish paternity for your child. This will protect your legal rights and ensure that you can provide for your child.

File a court order to establish custody of their child

This is especially important if the unmarried parent is not living with the child’s other parent. A custody order will specify who has legal custody and physical custody of the child. Legal custody gives the parent the right to make decisions about the child’s upbringing, such as where the child will live and go to school. Physical custody gives the parent the right to have the child live with them.

File a child support order if the ex is not paying child support

A child support order can help to ensure that the unmarried parent has the financial resources to care for their child.

Keep track of the ex’s contact information and where they are living

Keeping track of the ex’s contact information and where they are living is important for unmarried parents because it allows them to stay in touch with their child and to take legal action if necessary. For example, if the ex takes the child out of state without permission, the unmarried parent will need to know where they are living in order to file a custody case. If the ex is not paying child support, the unmarried parent will need to know their contact information in order to enforce the child support order. Here are some tips for keeping track of the ex’s contact information and where they are living:

• Keep a file with the ex’s contact information, including their phone number, email address, and mailing address.
• Keep track of the ex’s social media accounts.
• Talk to the ex’s friends and family members to see if they know where the ex is living.
• Use a public records search to find the ex’s address and other contact information.

If you are an unmarried parent, it is important to keep track of the ex’s contact information and where they are living. This will help to protect your legal rights and to ensure that you can stay in touch with your child.

Other things you can do

In addition to the steps listed above, unmarried parents can also protect their rights by joining a support group for unmarried parents or by consulting with an attorney. Here are some additional tips for unmarried parents:

• Be prepared to document everything. This includes things like communication with the ex, expenses related to the child, and any incidents of abuse or neglect.
• Be organized. Keep all of your records related to the child in one place.
• Be patient. The legal process can be slow and frustrating, but it is important to stay the course.

Remember, you are not alone. There are many resources available to help unmarried parents protect their rights.

What Are the Implications for the Parent Who Leaves Town with the Child?

The parent who leaves town with the child without the other parent’s permission may be charged with parental kidnapping. Parental kidnapping is a crime in Michigan. As we mentioned, the parent could be punished with up to five years in prison and/or a fine of up to $10,000.

Loss of Custody

The parent who leaves town with the child may also lose custody of the child. If the other parent files a petition with the court to establish custody, the court will consider the best interests of the child when making a decision. If the court finds that it is in the child’s best interests to live with the other parent, the court may grant the other parent custody of the child.

Other Matters to Consider

If you are an unmarried parent and your ex takes your baby and leaves town, it is important to act quickly. The longer it takes to get your child back, the more difficult it may be. It is also important to be prepared for the legal process. You should gather as much evidence as possible to support your case for custody. This may include evidence of your relationship with your child, your ability to care for the child, and any instances of abuse or neglect by your ex-partner.

Finally, it is important to remember that you are not alone. There are many resources available to help unmarried parents, including family law attorneys and non-profit organizations. If you are an unmarried parent and your ex takes your baby and leaves town, it is important to understand your rights and take legal action to protect your rights. You should contact an experienced family law attorney to discuss your case and get help with the legal process.

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