2007-02-05 08:01:18 · 22 answers · asked by Dominique C 1 in Politics & Government ➔ Law Enforcement & Police
If the police are with you, no argument.
2007-02-05 08:03:40 · answer #1 · answered by Sweet n Sour 7 · 1⤊ 5⤋
If you do not have a court order custody agreement then you should check with the courts before you go. He could of gotten a temporty custody order or something else brought out that could prevent you from getting your son.
If there is nothing legal holding you I will check to see if you son was in danger. If he isn't in present danger I would wait and get the courts involved. I know that that courts are not fun to deal with, but it is better to go ahead and get a court order stating when and how your son can go in between.
I know that that would require alot of patience, but it is better to not get too rash. If you are scared that there might be an argument it is easy to get charges brought up such as trespassing or verbal assult. Also it is not good for a child to see parents fight infront of each other.
If you are scared due to domestic violence there are usually safe place visitaiton locations which will provide a safe transfer spot.
Good luck. Hope it turns out good for you son!
2007-02-05 08:10:08 · answer #2 · answered by Lil SW 2 · 1⤊ 0⤋
If custody hasn't been established then you both have equal rights to the child. All that matters is who has him at the moment. Better to trick him if possible and just say that you want to see him for an hour. Then not bring him back. Or pick him up from school. If custody has been established and you have it - then by all means call the police. He has to give him back. If you haven't filed for custody - it's easy. You can get the process started yourself at the courthouse. Then the court can make him return him to you.
2007-02-05 08:06:37 · answer #3 · answered by Chula 4 · 0⤊ 0⤋
That would depend on your custody situation, if you share joint custody his father has a right to have him just as much as you do, if you have sole custody then find the paperwork proving that and ask for a police standby to pick up your son. Also if your son's father is doing something illegal or putting your sons physical well being in jepordy then you have a right to take him.
2007-02-05 08:04:54 · answer #4 · answered by lisa h 4 · 0⤊ 0⤋
Without argument? No. Unless the police determine that his arguing is dangerous, Dad is allowed to argue all he wants.
You do not have the right to get your child is Dad has legally custody.
You do have the right to get the child if Dad is not supposed to have them. In that case, it's called kidnapping.
Not sure what your question is. If it's whether Mom is always allowed to get her kids, the answer is No.
It all depends on what the court says about who has custody.
If the court has not ruled, then a judge will need to do so. The police are going to need to know the situation before they act. Police will not get your kid just on your say-so.
2007-02-05 08:06:54 · answer #5 · answered by Jay 7 · 2⤊ 0⤋
If you have a legal agreement that says you are the custodial parent, then yes, but only if it is your time to be with him.
If you don't have a legal agreement of custody, then no. Legally, without an agreement of any kind, he or you could take the child anywhere, for as long as you /he wants and you can't even be charged with kidnapping.
2007-02-05 08:06:53 · answer #6 · answered by jirstan2 4 · 1⤊ 0⤋
It depends on a few things....
A. Who is the "custodial parent"?
B. Was his visitation scheduled and did he not return your son?
C. If he has no legal rights to your son - then he has no choice but to surrender him...
In any case - I would take the police along if you think there might be some trouble.
2007-02-05 08:05:07 · answer #7 · answered by ? 3 · 1⤊ 0⤋
It depends on the circumstances and your divorce decree/child visitation papers. FYI, the police will not get involved unless the child is in danger or the father is breaking the law by keeping the child.
2007-02-05 08:04:58 · answer #8 · answered by Enchanted 7 · 2⤊ 0⤋
If there is no court approved document that establishes custody and visitation the police will not get involved. If you have joint custody and it is not his time for visitation the police will get the child without question.
2007-02-05 08:11:37 · answer #9 · answered by Ibisoke O 2 · 2⤊ 0⤋
If you have sole custody of the child, then yes. I'm not sure if he will argue, the law doesn't prevent people from arguing. If you have sole custody and don't want any trouble, go over there with all of the paperwork and a cop.
2007-02-05 08:03:53 · answer #10 · answered by Pink Freud 1 · 1⤊ 0⤋
If it is your time to have the child and you have the police with you - stay in the car and wait.... no argument that way.
Sorry but if he has visitation rights - he is entitled to see his son.
Act like adults and remember - your son is aging daily , soon it will be up to him, if and when he see his parent.
2007-02-05 08:16:31 · answer #11 · answered by Akkita 6 · 1⤊ 0⤋