I am worried about letting my son see his father. We had been together on and off for 3 years (my son is almost 2). We recently split up, he insists on keeping my son after not seeing him for awhile. I'm afraid he won't bring him back to me when I ask him to. He's threatening to go to court over custody. I'm not saying he can't see our son, I just don't trust him. What can I do if he doesn't return him, call the cops? We have no custody established (yet). I found this on PA law- "If the parents are unmarried, the child is the child of his/her mother. In order for the father to assert rights to the child (including rights to custody or visitation), paternity must be admitted or established in court." Does anything help me NOW before there is any custody established?
2006-12-21 06:26:06 · 10 answers · asked by MILF20 1 in Politics & Government ➔ Law & Ethics
his name is on the birth certificate, he signed some type of paternity papers at the hospital when my son was born, so i mean he legally is his father
2006-12-21 06:37:31 · update #1
Yes, he can get in trouble. Seek legal council and establish legal custody, This way everyone has legally established rights. Be sure to report the fathers every violation.
2006-12-21 06:35:02 · answer #1 · answered by Ron H 2 · 0⤊ 0⤋
You are screwed unless/until you have a court order in place outlining custody & visitation rights. With nothing in writing you have no ground to call the cops bcuz it's your word against his. Chances are if you do call he will tell them HE has custody...but then, some cops may make him return the child and fight it out in court because the cops are not there to decide things like this - only to enforce them, and you have nothing to enforce in writing. He's only threatening you because you react to it. If what he really wanted was just visitation or some sort of custody arrangement he would just shut up and take it to court.
However, if you were never married he does have the obligation to prove the kid is even his (no offense to you, just the way the laws are written in most states), and you are under no obligation to continue any visitation unless/until there is a court order put in place. Let him keep threatening; he has to prove beyond a reasonable doubt that you are unfit to parent and trust me, that is very hard to do, and I have a well-known drunk for an ex husband and he STILL has joint custody.
2006-12-21 15:14:07 · answer #2 · answered by hjfr27 3 · 0⤊ 0⤋
He has as much right to the child as you do. I suggest that you go to the courthouse and file for custody as soon as possible. If there is any issues of domestic violence between you two then you could file for a Protection From Abuse Order (PFA) which is a quick process (1 day) and within that you can be granted custody and he can even have visitation through that. But it is only if there is domestic violence against you or the child. Other then taht the police can not do anything. If he moves or something with the child there is more that can be done but otherwise it is equal rights between the two of you.
2006-12-21 14:49:18 · answer #3 · answered by elephantfun 3 · 0⤊ 0⤋
If he takes your son and refuses to return him, yes he can get in trouble. But if you refuse to let him see his son, you could also suffer ramifications.
If you are that worried, why not arrange for a semi-neutral place for his visitation to occur? A family member or joint friends home?
I would suggest that the two of you try to work out a temporary visitation schedule, and then one of you go see an attorney. The terms of your joint agreement can be entered into in an official agreement, which the lawyer could do up. If you are only addressing custody, it shouldn't be too expensive. Then the other party would just have to take the agreement to a seperate lawyer who will read the agreement, advise of rights and give you a certificate of independant advise, which will be even cheaper. The agreement can incorporate that either party is free to apply to the court for a variation if either of you want to change the agreement.
I would address the issue of child support too....
Once the agreement is entered into, it is binding and can be entered into court to obtain an order in a pinch.
2006-12-21 14:50:29 · answer #4 · answered by elysialaw 6 · 0⤊ 0⤋
NO HE WONT GET IN TROUBLE!!!... if you give your son to his father and he doesnt bring him back he cannot get in trouble because like you said there is no custody arrangement! if there was and he didnt then yes he would get in trouble. The father has as much right to your son as you do and if he decides to not bring him home there is nothing you can do until custody is set.... my friend is going through this right now.....she let her daughter go to her dads and he never brought her home and the court said to bad you let her go.... so now she is fighting for custody
2006-12-21 14:40:47 · answer #5 · answered by southrnbell21 2 · 1⤊ 0⤋
wrong dont let him keep him until custody and visitation has been established because until that happens u both have equal parental rights to the child and he doesnt have to return him if he doesnt want to i have 5 children and have been through this believe me u can have temporary custodial orders done through your local child protection agency until you go to court which will protect your rights
2006-12-21 14:36:38 · answer #6 · answered by ? 5 · 0⤊ 0⤋
If legal custody has NOT been established, naming him as the father...then its KIDNAPPING!
2006-12-21 14:35:58 · answer #7 · answered by t n 1 · 0⤊ 0⤋
yes......fight for custody...u obvisoly dont trust the father and if u feel he is not in safe hands talk to the police...explain ur feelings to them...
2006-12-21 14:35:36 · answer #8 · answered by Amanda 1 · 0⤊ 0⤋
Yes, if reported
2006-12-21 14:30:26 · answer #9 · answered by basport_2000 5 · 0⤊ 0⤋
don't give your son to his father...
he can get in HUGE trouble for not giving him back
2006-12-21 14:30:14 · answer #10 · answered by boyluvr26 1 · 0⤊ 0⤋