If there is no custody order in effect though the courts and the father and the mother were never married, then the father would have to beon the childs birth certificate or of had to of taken a DNA test o prove parenty inorder for him to file or ny rights of joint custody and or visitation, if the father is on the childs birth certificate or has taken a DNA test proving parenty that does not give him automantic rights but does give him the right ti file for joint custody and or visitations. Your husband needs to consultwith a lawyer if he is on the childs birth certificat or has proven partenty so he can file for custody, he also has to be able to prove to the ourt that the child is in danger by being with the mother.

By law, he is obligated to contact child protection services or the police, whether he's the father or not. A minor child has been physically threatened, assaulted and abused with no intervention by the biological mother. CPS may arrange for a temporary guardiaship or custody for you while the whole mess is straightened out. In an abuse case, paternity does not have to be established to keep the child out of harm's way. Once paternity is established he can file for sole and physical custody and name you as full guardian if needed under state guidleines. Don't wait for the next attack, it could be fatal.

Bobintexas is rght about one thing the father could and should call CPS to make a report if his child was assualted, it was not stated if this was done or not. CPS will go to the home and check out the alegations and if they see any concerns they can open a case and take the child and place him in foster care, the father would not get the child, unless the court granted him tempory custody and for them to do this the father would have to be on the childs birth certificate or of had a partenty test taked to prove parenty. There is no dalt there is a concern here for the child, and CPS should be notified, even a police report if the hil was assualted, but the queston was what are the rights of the father and I have stipulated the rights of the father if he puruses thoses rights.

Cps was called yesterday and they told us that bc the mothers oldest son is over 18 that the mother needs to kick him out. they wont come out. she wont make her oldest son leave bc of him being mr. my husband has had his son for the last 3 nights and his son is scared to go home. im going to try cps once more to see if i can get anywhere with them. the police werent called at the time of the last "blow up" as the mom calls them. but will be if it should happen again with his son around. he is on the birth cerifitcate. we have the reports made from his son to his therapist and physcologist as well to back us up on this. sorry for my spelling :( and ty for your fast replys. i will be contacting cps and he will be going to the courts this morning.

If your husband is on the childs birth certificat then he can file for custody, just because CPS states the mothers older son is 18 and would have to be the one to have him move out, that may be true ,however that does not mean it is ok to allow your son to be in the home if this person is an abuser and the CPS knows this. I would if I were the father file for custody, there is no reason that hischild should suffer like this and to me I would consider this imporant enought to even file for EMG. Custody.

Cps has been out 2 times as well as the state police. they have finally gave my husband tempary custody of his son for one week. he went down friday to apply for custody of his son and he filed emergency custody.

It depends on the state you live in. If there is a court order that mother has custody and father has visitations he would have to file an emergency hearing on behalf of the child. He can not legally just take the child from mother.