Can father just take the children?

[BCrossan]

Pennsylvania...

My daughter lives in Pennsylvania with 2 children and the father stayed and lives in Delaware. They were never married and there is no court order. He keeps threatening to come and take the kids. She has always been the primary care giver as he's one of those fathers who even when he's watching the kids, he's really not watching them or caring for them as he's too busy watching tv or playing video games to change diapers or feed them.

My daughter just now moved back to PA a few weeks ago and hasn't had the chance to get to legal aid for custody, since she's been so busy looking for work, which she just now finally got a job and starts next week. The father is not working since being fired recently after continuously calling out of work and has been living with friends.

 

[Just Blue]

Pennsylvania...

My daughter lives in Pennsylvania with 2 children and the father stayed and lives in Delaware. They were never married and there is no court order. He keeps threatening to come and take the kids. She has always been the primary care giver as he's one of those fathers who even when he's watching the kids, he's really not watching them or caring for them as he's too busy watching tv or playing video games to change diapers or feed them.

My daughter just now moved back to PA a few weeks ago and hasn't had the chance to get to legal aid for custody, since she's been so busy looking for work, which she just now finally got a job and starts next week. The father is not working since being fired recently after continuously calling out of work and has been living with friends.

We like to deal with the legal party. Please have your daughter join under her own user name and we will be happy to assist her. Thank You and Merry Christmas!

 

[BCrossan]

She doesn't have access to the internet and asked me to post online for help. She has always had issues with asking questions. She's 28 and will literally call me up like the other day and be like "Can you call the gas station up the street and ask them how much a pack of smokes is?".

 

[Taxing Matters]

Pennsylvania...

My daughter lives in Pennsylvania with 2 children and the father stayed and lives in Delaware. They were never married and there is no court order.

Answer first this question: did the father either go to court to establish paternity or did the father and the mother jointly execute an affidavit of paternity? Unless one of those two things were done, the bio dad is not the legal father and has no rights to the kids at all. At the same time, he would also not have any support obligations either.

 

[BCrossan]

Nothing to do with paternity was ever done. But the kids both took his last name and his name is on their birth certificates. Also... my daughter says that when she went to the Health and Social Services office in DE, after she moved and the father was no longer living under the same roof and could get her food stamps increased... she was told that DE automatically goes after the father for support and at the time they couldn't locate him since he moved and she just today got his new address and will be reporting that to them come Monday.

 

[TigerD]

...She has always had issues with asking questions. She's 28 and will literally call me up like the other day and be like "Can you call the gas station up the street and ask them how much a pack of smokes is?".

I think I see where part of the problem is.

TD

 

[Just Blue]

She doesn't have access to the internet and asked me to post online for help. She has always had issues with asking questions. She's 28 and will literally call me up like the other day and be like "Can you call the gas station up the street and ask them how much a pack of smokes is?".

She's a 28 year old woman with children. Stop indulging her regressive behavior.

 

[BCrossan]

I know... we both have our various mental health issues.

 

[LdiJ]

Pennsylvania...

My daughter lives in Pennsylvania with 2 children and the father stayed and lives in Delaware. They were never married and there is no court order. He keeps threatening to come and take the kids. She has always been the primary care giver as he's one of those fathers who even when he's watching the kids, he's really not watching them or caring for them as he's too busy watching tv or playing video games to change diapers or feed them.

My daughter just now moved back to PA a few weeks ago and hasn't had the chance to get to legal aid for custody, since she's been so busy looking for work, which she just now finally got a job and starts next week. The father is not working since being fired recently after continuously calling out of work and has been living with friends.

No, he really cannot just come and take the kids. He may have equal legal rights to the children (I am not going to look it up for Delaware) but equal legal rights doesn't allow him to just take them...because your daughter would also have equal legal rights.

Now, here is the potential problem. If he files to establish custody in Delaware (which he has the right to do within about six months of her moving to PA) he might be able to get a judge to order her to return the children to Delaware. If she doesn't handle things properly with court he could even end up with primary custody.

 

[stealth2]

No, he really cannot just come and take the kids. He may have equal legal rights to the children (I am not going to look it up for Delaware) but equal legal rights doesn't allow him to just take them...because your daughter would also have equal legal rights.

Now, here is the potential problem. If he files to establish custody in Delaware (which he has the right to do within about six months of her moving to PA) he might be able to get a judge to order her to return the children to Delaware. If she doesn't handle things properly with court he could even end up with primary custody.

However, he could pick them up from a third party who does NOT have equal legal rights.

 

[LdiJ]

However, he could pick them up from a third party who does NOT have equal legal rights.

Yes, that is true.