Anybody have legal advice on my situation.. im married/separated for 4 years moved out of state with my son.. send my son to his father for the summer and now he won't return him and already enrolled him in school there?
2006-10-12 03:15:21 · 13 answers · asked by sugadr1978 1 in Family & Relationships ➔ Marriage & Divorce
You let yourself get fooled. Whoever has physical custody of the child can do what he/she wants. There is no court order of custody, so he has a legal right to keep him.
2006-10-12 03:19:08 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Your question is not clear are you married for 4 years and separated for short time, or are you separated 4 years already.
Are you legally separated? A couple is legally separated only if the couple has successfully petitioned a court to recognize their separation; simply living apart does not constitute separation for these purposes. Do you have full custody of your child? I suggest that you get family law lawyer since case is complicated. If you have full custody you simple have to ask for enforcement by sheriff or State Child protection, your husband may be charge with kidnapping.
2006-10-12 03:22:15 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I am not an attorney, but I know that you will have to get an attorney, immediately, get a divorce, and demand custody in order to get your child back.
The good thing, however is that your child is going to start missing you, and depending upon your son's age, he may insist on being with his mom. This does matter in a custody battle.
You, out of the goodness of your heart (I hope), let your son visit his dad; his dad has taken advantage of this (it was probably planned). You will have to prove that you didn't abandon your child, in other words, you will have to prove that you felt sorry for your husband, and didn't want to cheat your son out of his dad, and this is why you let your son go! Right??
You have to act NOW, because your husband has already acted, and at the moment has custody of your son. Any amount of time passed can be to your disadvantage! You don't have time to sit and think, you must act immediately. Call an attorney and set up the earliest appointment now. If you can't afford an attorney, oy..... you will have to go thru the free state legal services, which isn't good.
You may want to contact ACLJ (American Center for Law and Justice). They are a service of Christian Attorney's, they may be able to help you, or at least, they can direct you to the proper channel.
Get on your knees, ask for forgiveness of yours sins, and pray that God help you! I am praying for you right now.
2006-10-12 03:56:28 · answer #3 · answered by Donnalah 2 · 0⤊ 0⤋
Sorry dear, but he can do that. I'm going through an identical situation. I have my son right now and his father (who was verbally and physically abusive) could take him at anytime. I'm afraid he's just going to grab him out of my arms and run. There'd be nothing that I could do. There aren't any custody orders in place yet. It's sad but it's how it works. File for temporary custody until you can get into court to establish custody arrangements!!!
2006-10-12 04:24:21 · answer #4 · answered by lynzi_n_bridges 2 · 0⤊ 0⤋
If you have legal custody in writing by the courts then you can get the FBI involved.It s extreme but affective..The other way is to notify the courts and see if you can file a motion to have him returned to you.Now, being that you moved and unless you filed in your jurisdiction that you are a resident and they hold the papers you are in good shape..If you didn't,then you will have alot of problems getting him back that way.You will have to go back to where you filed and get the motion from that court.I wish you luck
2006-10-12 03:22:08 · answer #5 · answered by Frank D 3 · 0⤊ 0⤋
That's child abduction, get yourself a Lawyer.
I seen a program recently where this guy took both of his daughters and disappeared, they track him down and made him and the girls return. Now he is up on charges.
It is against the law if the child is a minor and he is taken from you with out consent. Even if he is the father, there has to be guidelines for each of you to follow where there is joint custody.
Best of luck with it all, I can only imagine how you must be feeling.
2006-10-12 03:20:25 · answer #6 · answered by tassie 3 · 0⤊ 1⤋
You have to be an officer of the law since this is a situation where someone is breaking the law. The most you could do is to have an organization where you help the police to search for children or lobby for more penalites for sex offenders. The basic answer is that civilians cannot be vigilante keepers of justice. The law doesn't allow it.
2016-03-28 06:17:41 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It depends on who has custody, or if it's joint custody. If his father is keeping him there against his will, it's technically kidnapping. Do some research in your area, online, or call a local law office, and ask them to refer you to a divorce/family law judge or lawyer.
2006-10-12 03:19:47 · answer #8 · answered by GLSigma3 6 · 0⤊ 0⤋
He has just as much right to custody as do you, in the absence of a court ruling. So hire a lawyer, sue for divoce, and seek custody.
2006-10-12 03:30:49 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Is there a custody agreement for the seperation? If there is follow it and if necessary get the police involved. If there's not your pretty much SOL and get an attorney
2006-10-12 03:21:55 · answer #10 · answered by dumpllin 5 · 0⤊ 0⤋