Can a Mother Keep a Child Away from the Father?

The answer can be “yes” or “no” depending on the following factors:

Can a Mother Keep a Child Away from the Father?
  1. The child was born to married parents, and there is no custody order
  2. The child was born to married parents, and there is a custody order
  3. The child was born to unmarried parents

Married Parents and No Custody Order

In the absence of a court order, a mother cannot legally take or keep the child away from the father. However, if the mother is aware that the father can cause harm (kidnap, abuse, or neglect the child, indulge in domestic violence, or abuse substances in the child’s presence) to the child, and has good evidence of the harm, she can keep the child away as long as her family law attorney petitions the court and provides evidence that the child will be physically or psychologically harmed if he is with the father. She should file the petition immediately after taking/keeping the child away from the father.

If the mother keeps the children from him, the father may call the police to help him exercise parent-time. Now, remember that the courts always decide on custodial matters based on the best interests of the child, and if the mother has lied about any harm to the child from the father, the courts may not regard her as an ideal custodial parent, and her lies can weaken her custody case. If, however, she proves that she was right in keeping the child away from the father, it can strengthen her custody case.

Married Parents and a Custody Order in Place

The mother is expected to comply with the court-approved parenting plan/custody order. If she has been awarded sole custody, she must allow the father to visit the child according to the terms of the order. If she has joint custody, the child will anyway share his/her time with the parents.

If the mother keeps the child away from the father despite the court order, she risks compromising her custodial rights significantly. There is an exception – the mother can keep the child away from the father if she is aware and has evidence that the father will inflict physical or serious psychological harm on the child. However, she must petition the courts immediately and provide evidence why she has kept the child away from the father. She may even petition that child custody should be taken away from the father (if the parents have joint/shared custody) or that his visits should be supervised or visitation rights taken away (if she has sole custody).

In both these situations, the mother cannot keep the child away from the father simply because she opines that the father lacks parenting skills, the father does not pay child support, or he is not precise in following the visitation schedule. She must have good evidence of imminent harm to the child.

Unmarried Parents

If the child was born to unmarried parents, and if the father has not established paternity, the mother can keep the child away from the father because she has de facto sole custody of the child. After the father establishes paternity, he can file a petition for custodial rights. After the court grants the rights to the father, the mother has to comply with the court’s orders.

In many cases, both parents view child custody from a legal angle. We urge all parents to understand the child’s emotional turmoil and resolve their child custody case, if unavoidable, in an amicable manner.

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About the Author: Marco Brown
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Marco C. Brown was named Utah’s Outstanding Family Law Lawyer of the Year in 2015. He graduated with distinction from the University of Nebraska College of Law in 2007 and is currently the managing partner of Brown Family Law, LLC.

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They are very efficient and Ray was exceptionally efficient, helpful and caring. I definitely recommend them.
Sophie was an amazing person to work with. She helped walk me through many of my concerns I had in a clear and concise manner. She regularly followed and reached out with me, making me feel like not just another number.
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I cannot say enough good things about Brown Family Law. Amy was my attorney and she was great! She always listened and responded quickly. Thanks to her, my case was resolved quickly. Thank you, Amy.
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Best attorney ever. They were so helpful and responsive
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When I started my case with Brown Family Law, they had 650 positive reviews. Now, about a year later, they have 820. Not sure how much else you need to convince you, but do yourself a favor and stop looking. You're in the right place.We worked with Nathaniel for nearly a year on our case, and trusting someone with something so vulnerable and close to you as a custody case is difficult, but he made it easy. His knowledge of law and experience with the court system allowed us to make educated decisions quicker. He helped me feel confident in very unfamiliar territory, and having someone like Nate on my team allowed me to make the best decisions possible for our family. He thought of many things I didn't, and gave us the roadmap to success for navigating a complicated and stressful situation. I found myself constantly bragging about our lawyer to family and expressing how impressed I was in his skill and his fearless nature of getting sh** done. Nate got that dawg in him, yanno what I mean?I like the way Brown Family Law works with their clients; it's different than other law firms, and I can see the benefits of those differences. It's always easy to contact someone at the office, and I get a response very quickly. They are extremely communicative, fast, and thorough. They run a tight ship, and it's obvious the quality differences from other law firms.This is a big and heavy decision, but Brown Family Law will take a lot of that weight off your shoulders. Ask for Nate--you won't be led astray.
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This firm is awesome but special shoutout to Dani, she is an outstanding paralegal. She is very knowledgeable
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I can't say enough about Russell Yauney at Brown Family Law! He has helped me on multiple cases over the years and has always exceeded my expectations. Russell is one of the good guys who isn't afraid to tell you how it is and isn't afraid to stand up and fight for what is right. I'm glad that I have Russell and his team in my corner!
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very helpful to fathers who have been broke by the system and targeted for vaporization(1984). Thank you brown family law.
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Nathaniel was my attorney and I couldn't ask for someone more attentive and level-headed than he is. They made my divorce process so much easier and were very patient with me as I navigated the entire process. Thank you Brown Family Law for all of your help!
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Used Nathaniel Garrabrandt for a child custody case. He is very good, very professional and available. Having been through this a few times that communication is very important. The only warning, and this isnt just Nate per se, but very very costly.
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I've witnessed firsthand how Brown Family Law works hard to care for their clients. They train their staff and attorneys on more than just the law, but how to serve clients with care and integrity.
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Lei was something special. She was very understanding of our situation and her advice and listening ear made our decision and path forward clear. Thank you!
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Sierra was so helpful right from the moment she answered our call. She gave all her support and resources and made sure to ask if we needed anything else before moving forward. Thank you so much!
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I would hands down suggest Brown Family Law. Nathaniel helped me with my divorce, and he was very knowlegeable and knows his stuff. He helped me file a motion, get somethings changed in the original decree, helped me understand the terms they use, helped me understand how child support is calculated along is all the financial aspects associated with divorce case. He also is very responsive to phone calls and emails which was very helpful whenever I had small questions. Thank you Nathaniel!
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I can’t say enough good things about Brown Family Law, but more specifically, my lawyer David Handy and his paralegal Dani. They are kind and honest and always available to me when I’ve needed them! This is such an exhausting time and they alleviated all of my stress by taking control. I could trust the process knowing I was in great hands!!! The entire law firm works as a team to take care of you! I can’t recommend them enough! Thank you!!!
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They handled my case with the highest degree of professionalism and integrity and made every effort to be efficient and transparent with me throughout the whole process. I was told that they were the best as far as family law is concerned and I believe that praise was fully justified.
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Amber McFee is always professional and great to work with. Being opposing counsel by nature is adversarial, but Amber is professional in approach while effectively advocating for her clients. She will treat you right!
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Overall from start to finish the best experience to have dealing with a time that is difficult.Andrew Christensen is very professional and out going to make this situation the best it could be and worked hard to make sure the divorce was fair for me.Over all, this firm really cares and treats you as a family or friend and just not a client, down to Marco Brown taking time to see how I was doing and offer to help in any way possible during my divorce while I was there for my first initial meeting.I would highly recommend anyone that has to go through a divorce to really reach out to the Brown Family Law firm and see for your self the experience I was able to receive from a top notch law firm.
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Sophie was very helpful and explains the process and fees. Thank you!
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Dani always kept me updated and has great communication skills.
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Dani was extremely helpful and always responsive.
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My experience with Brown Family Law is a positive one. I highly recommend them. This firm has very good communication with their clients. Attorney Paul Waldron represents me and I’m very happy with the experience. My questions and concerns are always answered quickly and respectfully. I’m grateful to have Mr. Waldron and Brown Family Law in my corner during this difficult time for my family.
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Dani excelled as a paralegal, providing crucial support with exceptional skills!
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Thank you So much
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I highly recommend Nathaniel and his team. They listened to me, navigated me, educated me, and always called when they said they would. Going through a divorce was very hard but they helped me get through it and showed compassion the whole time.
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They were helpful with clarifying some issues regarding my divorce decree while navigating the modification to another state
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I consulted with Nathaniel regarding a legal issue from Utah that had implications in another state. He was very quick to respond. I found him to be extremely knowledgeable and helpful regarding the issues. Would highly recommend him for anyone looking for a Utah based attorney.
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Anne-Greyson and Melanie were FANTASTIC to work with. They went above and beyond what I needed and kept in constant contact. I am incredibly grateful for their help and support in handling my case. Professional, kind, detail oriented - I cannot say enough good. Thank you so much!
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At Welty Law Office, we know that when we make children’s well-being a priority, their parents do better, too.
At Welty Law Office, we know that when we make children’s well-being a priority, their parents do better, too.
At Welty Law Office, we know that when we make children’s well-being a priority, their parents do better, too.
At Welty Law Office, we know that when we make children’s well-being a priority, their parents do better, too.