A child is certainly the most precious gift of parents. And taking them away from one parent is undoubtedly a nightmare for the other parent. In most of the cases, it is a common belief that the mother always has the upper hand when it comes to child custody and other child-related things.
As a result, it gives rise to one of the controversial topics, “Can a father take a baby away from the mother?”
Well, it actually depends on the case. And honestly speaking, there is no such thing. The court only understands about the custodial and non-custodial parents. Such as, if the father has the full sole physical custody, then if they want, they can do it. But if they don’t have that power, then rest assured, they cannot do such things, no matter what.
Before jumping directly into details, lets at first know about child custody to get a better understanding:
What is Child Custody?
Child custody is basically getting the legal authority to make any kind of decision on behalf of the child by law. It is applicable for those parents that are planning to get divorced or have separated. Such as with whom the child will stay, visitation hours, etc.
In most of the cases, it is mutually sorted out between the parents at the time of separation. In this case, they make a mutual contract between themselves and get it signed. This kind of custody is referred to as joint custody.
However, if they cannot arrive at a mutual agreement and one wants to get the sole custody, then at that time, the court takes the final call after analyzing several things.
Here is a checklist of the things that the court tends to check while determining the child custody:
- Parent-child relationship and bond
- Abilities of the parent to take care of the child properly
- Mental, physical and emotional health of both the parents
- The typical schedule between the parent and the child
- Is there any kind of involvement of a support system from each parent? Such as the involvement of grandparents or any other close relatives
- Care arrangements
These things may vary from case to case, depending on the judge and the scenario of the case. As each case is different from the other. However, no matter what, the court always tries to make the decision that will be in the best interest of the child.
Can a Father Take a Baby Away from the Mother?
A child comes with a huge responsibility. Just bringing in this world is not enough. In fact, the actual responsibility and parenting begin with their birth. For instance, whether the child will have a better future and a good upbringing will directly depend on their parents.
However, if one parent is not considered as a fit parent, then, in that case, can one parent keep the child away from the other one? Is it even possible?
Well, there is no law in the world that can separate a child from their parents (if legally married). But, if you are not married off, then a mother will have more rights than the father by law. And thus, they can do whatever she wants to do for the welfare of the child.
In that case, the father must establish paternity. Otherwise, the mother will have full right to take any decision without needing to even consult with the father. That’s why it is more than necessary that you apply for paternity and let the judge make the decision.
But as no law is bigger than the welfare of the child, so there are some instances where a father (married/unmarried) can get the full sole custody of the child.
Let’s know about them:
It is certainly one of the filthiest things a parent can do to their own child. And is enough to take away a child from the parents who do these things.
Such as, if a mother abuses a child physically, verbally or even sexually, then, in that case a mother will lose all kinds of custody and visitation rights the moment it is proved.
In fact, these grounds are so severe that no law can save you from getting punished if you do this to a child, let alone losing the custody. After all, no child in the world deserves to get treated by this.
This allegation is another big thing that the court takes seriously in hand. And right upon finding it, they take action immediately. Such as, if a mother is a serious drug addict, then certainly, in that case, it will be hard to get the custody of the child.
After all, we all know how a drug addict is. They cannot even take care of themselves; taking care of the child is the farthest thing.
In fact, the court handles them so tightly. Such as, even if a child was not present at the scene while the mother was caught red-handed with being intoxicated, then also this ground is enough to make them lose the custody.
Inability to take care of the child
While determining the child custody, the first and foremost thing that a court checks are whether the parents fighting to get the custody is capable enough to take care of the child, both financially and physically.
After all, to have a bright future and a good upbringing, it is more than essential that a parent must be solvent enough to provide at least the basic necessities of a child.
So, if a mother does not have any kind of means to properly take care of the child, then chances are high that the result will be in favour of the father.
Hopefully, you have got the answer to your question “can a father take a baby away from the mother” now. Both parents have equal rights to their children. After all, they are the best gift from heaven. So, without any valid cause, no parent should try to misuse the power if granted.
A child needs both their parents to lead the best life. But, if destiny doesn’t favour and one parent is not deemed fit, then the court has no other way but to separate them from the other parent, thinking about the child’s welfare.
Frequently Asked Question
Check out the below most asked queries that most people tend to have confusion about:
Who has legal rights to a child if not married?
Generally, both the biological parents have joint legal custody of the child if they live together after the child's birth, irrespective of their marital status. However, in many states, the mother is thought to have more legal rights than the father if not married.
Can I refuse access to my child's father?
Of course not! To do so, you must have a strong valid reason to take such a drastic step. It doesn't matter whether you are the custodial parent or not unless the court also supports your decision.
What rights do fathers have?
A father has equal rights as like a mother. However, if the child is small and younger than 12 years of age, then they are usually given to the mother. In contrast, if the child is above 12 years of age, then they are given to the father. But, either of these states can be reserved depending on the case.
Does a mother have more rights than the father?
It is a common misconception of people that the mother tends to have more rights than the father. Well, in reality, both have the same parental rights and are equally important for a child in every phase of their life.
Is it illegal to keep a child from their father?
Of course, unless the father has lost the entire custody of the child and the court has also given the restraining orders to keep the child away from their father. Other than that, it is completely illegal to keep a child away from their father.