Me and my ex boyfriend seperated. I have a two yr old daughter and he kept her. He is not on her birth certificate and there has been no paternity established. He cant prove hes her father. But hes kin to the sheriff in this county and they wont help. Does he have any legal right to keep her? How do i get her back?Can i beat the law in this county?
2006-09-23 07:30:30 · 16 answers · asked by monica j 1 in Politics & Government ➔ Law & Ethics
As of right now he's guilty of kidnapping. I would call the nearest local FBI office.
2006-09-23 07:32:25 · answer #1 · answered by fun_guy_otown 6 · 0⤊ 0⤋
Go to a lawyer, immediately.
He may be kin to the sheriff, but he can't be kin to every judge sitting on the bench in your county, can he?
In most states, there is an ex parte process where the lawyer can walk an emergency motion through the courts, and then the sheriff's office must enforce it. This should get you custody pending the outcome of litigation, if he chooses to litigate the matter of paternity.
Note: I am a lawyer, but the process differs in every state. This should not be relied upon as legal advice. You should get a lawyer in your state right away.
2006-09-23 14:49:39 · answer #2 · answered by y_nevin 2 · 0⤊ 0⤋
if you did not put him on the birth cert. he cannot prove he is the father of the child without a dna test. Call the police and tell them he has your child and doesn't have permission. Do NOT tell them he COULD be the father. Make him pay to have the test done to prove it. The test take a while depending on where you get it done at. Also make sure you mention that he's related to whoever and request they do not handle the call. Some men stink when it comes to taking the child just to get back at their mother! Good luck with it. Been there and done that!! Hope this works out for you as it did for me.
2006-09-23 15:00:55 · answer #3 · answered by Texas Longhorns ! 2 · 0⤊ 0⤋
I don't know where you live so I can't comment on any local laws. That said if he is her father than he has just as much right to be her parent as you do. He may have to go through some legal reqirements to establish the paternity. You have the same rights to parent your daughter as he does. You should bypass local authorities if you believe them biased. Go to the State District Attorney's office and ask for help.
2006-09-23 14:37:09 · answer #4 · answered by Cain 3 · 0⤊ 0⤋
Get an attorney outside of the County and file kidnapping charges.
2006-09-23 14:34:39 · answer #5 · answered by Joe-slim 3 · 0⤊ 0⤋
If he has her right now with out any kind of permission he is kidnapping and can be charged with it how ever he can still get out of it through Cort only the Cort can decide who can keep her they will look at who is more stable in life to take care of her. but usual the mother wins.
and yes he can have the right to take a DNA test to prove he is the father.
2006-09-23 14:41:37 · answer #6 · answered by Bullz_ eye 6 · 0⤊ 0⤋
I can only tell you what the law is in Canada - Here he would be screwed Go to a lawyer to present a pettition to a judge for sole custody as soon as possible if thats applicable in you State -
Nonetheless go to a lawyer right away
2006-09-23 14:40:26 · answer #7 · answered by Anonymous · 0⤊ 0⤋
he can have a DNA test done. if he has and it has been established that he is the father he has a legal right to keep her.. you sound really dumb...call the FBI and report that she has been kidnapped. unless of course you haven't told us everything. is he the father; do you know who the father is. is the kid better off with him or with you or neither. these are the questions the FBI will ask........why haven't you called them yet..
2006-09-23 14:48:17 · answer #8 · answered by Anonymous · 0⤊ 0⤋
He can prove he's the father with a DNA test. Who cares who he is related to. Get a lawyer and do it quickly.
2006-09-23 14:33:19 · answer #9 · answered by Anonymous · 0⤊ 0⤋
He has no legal right. Get a lawyer.
2006-09-23 14:32:05 · answer #10 · answered by bibliophile31 6 · 0⤊ 0⤋