Help on 1 Year Old

[theconfused]

I need help. Here's the story:

A couple lives together in Missouri, gets married, and has a child. The mother decides to see some friends at her hometown and brings the nine month old with her. She calls her husband and says that she's not coming back and says she's divorcing him. They go to court and sign the papers. No custody over the child was issued or hardly even spoken about. There is nothing about it in the divorce papers. Mother said she wouldn't keep daughter away from father. She lied. Since there is no custody issued, although father pays child support, can the father legally get ahold of the baby (who's now 1) and take her home with him?

[mistoffolees]

I would say so, but I'd suggest contacting an attorney first. You'll want to file for custody with the court if it hasn't been determined.

You should probably also post this on Socrateaser.

[Jade]

>I need help. Here's the story:
>
>A couple lives together in Missouri, gets married, and has a
>child. The mother decides to see some friends at her hometown
>and brings the nine month old with her. She calls her husband
>and says that she's not coming back and says she's divorcing
>him. They go to court and sign the papers. No custody over the
>child was issued or hardly even spoken about. There is nothing
>about it in the divorce papers. Mother said she wouldn't keep
>daughter away from father. She lied. Since there is no custody
>issued, although father pays child support, can the father
>legally get ahold of the baby (who's now 1) and take her home
>with him?

If child support is involved, custody has been established.  If he were to go and take the child and move her to a different state, he could be charged with kidnapping.  The time to fight the move was when she first moved.  He is now stuck with the status quo.  And I just don't see a divorce happening that doesn't address custody of minor children along with child support.  

What can happen is that visitation is set at "as mutually agreed upon by both parties" which is what is in my divorce decree (I don't like it but both attorney's wanted it this way).  This wording can work for some divorced couples (it works for ex and I, but then I also realize that my children need a relationship with their father).  Obviously, if he is having problems with visitation, then he should take the mother to court and get it detailed.  

[theconfused]

You are wrong. Custody has not been established. Divorce can happen without addressing child custody. It happened in this situation. The police have been questioned about the situation in both counties that the parents reside in. There is no custody. Can the mother, who has the child, get full custody of the child without the consent of the father?

[Jade]

If you are paying child support, custody HAS been established.  

[gabes_mom]

look in your phone book under attorney's a lot of them are willing to give a 30 minute free consultation.  I'd see at least 2 or 3 different ones and decide from there who is best suitable to take the case and get yourself a court date.  With child support being established I would think that the custody would have been set.  HOWEVER I am no lawyer and with this kind of uncertainty you should seek out legal advice familiar with your state.  

Also you may want to post this info to Socrateaser.

[stepmomtogreatkids]

Take it to court and get it in writing.  Once it's written in the custody papers, she cannont legally refuse you.

[CGS]

NCP's pay child support to CP's. So if there is a judgement of childsupport, the payor has been deemed the NCP and the payee the CP.

If there is not a specific visitiation schedule, motion the court for such a schedule.  You can do so pro se (yourself) or with an attorney. Socrateser on this site is a great resource if you plan to seek the modification pro se.