We livein the state of Utah. My son is four years old and has always lived with me. His dad and I never married. He's been in jail a good 2-3 years of our sons life. He has never paid child support. And in the last year he's been with his son 3 times. My 3 children and have lived at my parents house since our lease ended. We're hoping to buy a home. My parents have been helping me with my kids. I had a miscarige and benn doning alot of counseling the past two weeks. My sons dad heard I was having a difficult time and talked my dad into taking our son for a few days. Stressing he wasnt going to try and srart anything just that he wanted help, be with his son. Well I called his dad and he won't give me an address of his residence and is saying until I get stable he wont give me our son back. My personal issues does not make me an unfit mother. The police say there is nothing that can be done without legal custody established. Is this true, I cant see my son until we go to court?
2006-11-20 09:16:40 · 14 answers · asked by sexy_lop 1 in Family & Relationships ➔ Marriage & Divorce
The most important thing is your son. the cop was right there is nothing you can do until custody is established, however, get you a lawyer and file for custody immediately or you just might not see your son again. Get a lawyer that specializes in custody only okay.
2006-11-20 09:24:56 · answer #1 · answered by vadataborn 2 · 0⤊ 0⤋
Salt Lake City has a lawyers assistance you need to call and make the appointment asap! They will give you one free half hour of legal aid without charge. If you have access to money via relative, hire a good lawyer. There is a bunch of Salt lake's finest Attorneys located on 175 east and 4th south. suite 400.
It is ashamed adults don't consider what a child may feel while they are using the child in a tug of war custody to possess him.
I understand you were tricked and that is terrible. In the state of Utah, the courts should allow you the custody. The Mother is usually favored over the Father, especially with the Father's past history in jail. Good Luck.
2006-11-20 17:55:45 · answer #2 · answered by moire1111 3 · 0⤊ 0⤋
I'm sure your dad didn't realize that the address where he was allowing your son to go would be withheld from you. You must be feather white.
When my children were little I ran into that type of situation, and was warned that where there was no custody established, either parent is legally able to have them.
Is your child's dad abusive in any way to him, or was he to you? Sometimes filing a protection order against him--because of his prison record--is useful, because it raises questions about his character and his fitness to have his son with him.
You might call Child Protective Services and/or arrange with a social worker for visitation in a public place of some kind. Working with them may be helpful to you.
In the meantime, be assured of my prayers.
2006-11-20 17:31:10 · answer #3 · answered by Jeanne A 1 · 0⤊ 0⤋
I can't believe this is happening in america. You need to get a lawyer and find out if this is kidnapping because he will not give you an address. You also need to tell this lawyer about the situation you are in. Maybe this guy feels that you are unfit, in which case he can fight for sole custody. Until custody is established, you should be able to have your son.
2006-11-20 17:27:53 · answer #4 · answered by gajeangjean 2 · 0⤊ 0⤋
Honey, get yourself together and fast!!!! I went through a very similar situation with my son. My husband took him out of state and since no custody was established, I had to get alawyer and start fighting dirty!!! Get a lawyer immediately!!!! No matter what do not give up!!!! Your ex is not really thinking of his son, but of himself. Go to a lawyer asap seriously. It took me 4 months to get my son back and I had to use every ounce of my strength, and had to fight with everything I had. Since no custody was established yet, he had as much right as I did!! Did not matter that he was living in unfit conditions, that my ex was a drunk with a record, until I got him into court with a lawyer to fight for me, it was a losing battle. But I got my baby back, and you will too. DO NOT GIVE UP! Those 4 months were pure hell, i lost 40 pounds, couldnt eat, or sleep. The only thing that kept me going truly was my daughter and my hope. I will be praying for you. Good luck.
2006-11-20 21:37:08 · answer #5 · answered by jenkins_nichole 2 · 0⤊ 0⤋
Hi,
I'm not sure how they do things in Utah but in my state (I won't mention my state on here) it's true...the police will not get involved in support cases if there is no custody established and no residential parent.
I learned very early that if you want custody of your children that you have to be the first to go to family court or an attorney and apply for it.
I went to family court and applied for custody of my 3 children and after my ex-husband found out that I applied and I was awarded temporary custody until our divorce hearing, he was so mad that he went to family court and try to apply himself (he applied after he found out that I applied...how stupid!!)
Anyway, the first parent to apply is usually the one who gets the kids until the divorce hearing is final and then the judge decides on residential residency for the children at the divorce hearing and then visitation is also for the judge to decide.
Please see an attorney or visit your local family court system soon...before the father of your son does.
Good Luck to you and God Bless!
2006-11-20 17:35:56 · answer #6 · answered by angelbeliever114 5 · 0⤊ 0⤋
Too much of this doesn't add up --- compared to some of your other posts about your family situation.... all the mothers(I know) would be at an attorney's office filing for custody and anything else she could get!
2006-11-20 17:25:10 · answer #7 · answered by jaimestar64cross 6 · 0⤊ 0⤋
Call a lawyer ASAP and not to be mean, but why would you let him take him without knowing where he lives? But you can try to locate him in the phone book or the internet
2006-11-20 17:19:54 · answer #8 · answered by me 6 · 0⤊ 0⤋
Get an attorney immediately, and yes you can not see your son until you go to court!
2006-11-20 17:48:31 · answer #9 · answered by dominicaquilino 3 · 0⤊ 0⤋
You will need to get a lawyer. Call Legal Aid.
2006-11-20 17:20:02 · answer #10 · answered by Karen L 3 · 0⤊ 0⤋