unmarried single mother, I need help getting my son 2 years old back, the father is violent and abusive to me in front of him he is loud and uses the f.... word in every sentence. I have even heard my baby say it!
2006-09-10 12:37:24 · 14 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If he has legal custody of your son, and you are supposed to pay him child support, then it is a matter for the court to decide. Unfortunately, you will have to look into your state laws and ordinances to find out if you can consider him holding the child against your will as kidnapping. I know every state is different.
2006-09-10 12:43:21 · answer #1 · answered by jennybeanses 3 · 0⤊ 0⤋
First, if he is asking for money, that is KIDNAPPING! I hope you have a court order, and that you have custody and or share custody, all states are different.
If he is saying something about Child Support Due, than if you owe it, in the US, you CAN NOT hold a child from seeing the other parent for money! I know this so much, as I now have a 10 years old, and lived it! My Ex also has a Anger Issues, and we saw a Mediator, and they even agreed with me, that he had to go to Anger Management Classes, and show the courts, but that was over six years ago,and nothing yet, but he can't take me to court, as it would be brought up by my attorney that did send a letter for the paper and other things the court ordered!
2006-09-10 20:21:23 · answer #2 · answered by Jersey Girl 2 · 0⤊ 0⤋
I have no legal background but have spent my share of time in family court many years ago. File a petition in family court and calmly present your case to the judge. Who decided your son should be with his father? Has a judge already heard your case, or did his father kidnap him? Not enough info, but an abusive man doesn't belong raising a child . If the mother has questionable offenses against her and deemed unfit, the court may have felt the father was the better choice. Call a legal aid attorney and start asking someone who can stear you in the right direction. Best wishes.
2006-09-10 19:50:14 · answer #3 · answered by oldtrash06 4 · 0⤊ 0⤋
Sweetheart, this is seriously an issue for the courts to take care of. If you haven't dealt with your son's custody legally, do so as quickly as possible. If the father really is violent and abusive, he has no business raising a child. Get the police and courts involved.
2006-09-10 19:52:12 · answer #4 · answered by elizabeth_ashley44 7 · 0⤊ 0⤋
Much more info is needed.... but to start with see about getting some legal assistance. If that isnt an option then go to your county courthouse and get a restraining order for you and your son. After that ask at the courhouse who to see about an emergency temp custody order. Be aware that if you voluntarily left your son with the father and moved out , then that could be viewed as abandonment. Also call childrens services to reoprt any abuse taking place.
2006-09-10 19:46:44 · answer #5 · answered by kitty.hicks 3 · 0⤊ 0⤋
Laws differ from state to state and court decisions are decided on individual cases and what the circumstances with each parent are...so is VERY hard to answer your question.
In general however, it is the 50/50 responsibility of of BOTH parents to support their child no matter what their circumstance - it's something you must do - it is your child after all. Those support payments normally do have to go through the court system to prove what is being paid. Now then, most of the time (yes) you must be paying (and paid in full up to date) to see your child...again, varies from state to state but most likely that is true. You are best to ask your own attorney a question like that, and if you don't have one go to Legal Aide in your area and get one. Good luck to you hon.
2006-09-10 19:47:49 · answer #6 · answered by svmainus 7 · 0⤊ 0⤋
Not unless it is court ordered. It sounds like you need a good lawyer. I know it is scary but you have the strength within yourself to do this for your babies sake. Don't let him get away with this or your son will end up doing the same thing to women when he grows up. God Bless Go Here!!!
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2006-09-10 19:46:57 · answer #7 · answered by donnaline 2 · 0⤊ 0⤋
call your local Domestic Violence agency for advice before you go to the courts. You'll want their advice and you'll need their help if you left your son with him when you got away. However, in most courts, absentee parents get visitation rights even when they aren't paying child support if there are no other considerations.
2006-09-10 19:46:12 · answer #8 · answered by GRANNY12GR1 4 · 0⤊ 0⤋
Would like to ask more background on this. Why is your son not with you? Are willing to get back your son through legal action? Do you live in the Phils?
2006-09-10 19:48:19 · answer #9 · answered by japsie 1 · 0⤊ 0⤋
If his name is on the birth certificate then yes he can. I suggest you get off your butt and file for custody. Why in the world did you wait for 2 years?
2006-09-10 19:44:07 · answer #10 · answered by cyanne2ak 7 · 0⤊ 0⤋