My father is taking me to court for custody of my son. The hearing is in June; can i take him out of town?

Question

my father's trying to get custody of my son for reasons that don't make cense to me and has even gone as far as issue a restraining order against me which listed him and my son as the protected parties. He indicated on the order that he felt his life was threatened due to me being angry and depressed. As a result, I couldnt have contact with my son for 2 weeks (when court was). The order was dropped and when i tried seeing him that nite, my dad arranged for my son to be gone for the nite. Then the next morning they left town with him for the weekend. Well, in court yesterday i contested his petition to get rights over my son so it was then set for a hearing which wont be until June. If i want to take him for a weekend am i legally entitled to do so? I just know that if i do, my dad will try to accuse me of kidknapping and want to file charges on me...can he do that?

Answer 1

Ask your lawyer, or the D.A.

Answer 2

Not knowing the whole story, I have to go by what I know to be true in most cases.
Your father has already raised his children. He should be able to retire and enjoy his retirement, not have to raise his grandkids.
The courts aren't too quick to remove a child from it's biological parent, so there must be a really big reason that you aren't willing to tell us about.
You mentioned that your father indicated on the restraining order that he felt threatened because of your anger and depression.
Lets think about that for a minute.
Most of the time when people are in that mode, they are the last ones to know. Everybody around them knows all to well that they are not well.
If you really do love your son (and I'm sure you do), why don't you just volunteerily go to counselling. Explain to the counsellor what has been going on and be completely honest about it. Just going there for the sake of getting your son back won't help anyone, least of all your son. It is excrutiatingly hard work, but if you allow yourself to be completely honest with the counsellor the rewards will be huge. Maybe you could even benefit from medication.
Either way, take steps to help yourself and that will appear to the court as you taking responsibility for yourself and make you look like a better parent. Once you get more stability in your life, you will be a better parent and maybe your father will be able to enjoy his retirement after all.
Also, maybe you need to say thank you to your father for caring enough about you and your baby by taking custody of him while you were unable to care for him.
I do wish you the best of luck!

Answer 3

Why does your dad feel that he has to take your son away from you in the first place? From what Ive read he doesnt really have much to go on here other than you get angry which even if you do just as long as you dont take it out physically or emotionally out on him. Your dad would have to prove to the court beyond any reasonable doubt that youre unfit and a danger to your son. Til the court rules you still are his mother and should be legal custodian of him and can do what you want. If youre not sure of what your dad will do you can ask the court for permission. Did they give your dad temporary custody of your son or place him in a foster home til the court date? If not then the courts feel that there isnt much for your dad to go on here and dont feel youre a danger or else they would have removed him real quick. The courts set a date in June so the courts can have child services check into whatever allegations your dad made against you and then make a ruling accordingly to their findings. Other than bad feelings coming between you and your dad, I see nothing here that you have to worry about unless there is something that you havent told us. I can only base my answer on what youve told us. Good luck

Answer 4

Firstly anyone can apply for custody of a child, a grandparent, a father/a mother, a close family friend or relative within the family. Usually custody is given to the biological parents. If it can be proven that the child is in danger or at risk such as child negect, abuse, domestic violence and severe drug abuse of the parent. I have heard that even drug addict parents still get custody and access rights. I feel that if you prove to the court that you are stable in regards to setting standards of living for e.g. 1/ A home to live in that is comfortable and clean. 2/ Food on the table 3/ Love and nurture 4/ Go on medication for your depression.
5/ Go to a support group for depression and anger 6/Involve yourself in a course to improve your work skills
I am sure that you would prove to the court that you have the best interests at heart for your child.
I do not believe depression would cause a parent to loose their child unless it was extreme and affecting the child. But if you do something about it. That's wonderful.
Whilst there is no custody order in place you have a right to claim your child as you are the biological parent. But when a custody order is in place it is regarded as kidnapping. The person who is going against a custody order can be charged with contravention of the order. In some cases the person can be sent to prision, fined, community service bond, attend a parenting course and in extreme cases have a supervised contact order or a no contact order with the child. Whilst there is no custody order in place as far as I know you can leave the state but your cannot travel overseas without the consent of the paternal father. If your father does not give you reasonable contact with your child he will be in the eyes of the court look unreasonable and you make also have grounds to obtain custody of the child. The court wants children to know both parents. Grand parents and extended family do have rights today. My advise do not go against an order and abide by the law. If you cannot get custody of your child at any time you can re apply for a custody order. You must prove to the courts that you can get your life together. I have heard of drug addicts still having custody rights and contact rights. Your case is not severe in my opionion. I am a mother and I cannot really understand how frustrating it is for you but make sure you consider what is it best interests to your child. If I wasn't with my children I would be suffering from depression because my children are my life and I can understand how you are feeling. I had my son taken from the front of my house and spent almost 1 week trying to get him back. I eventually got him back. I could not eat or drink and was a wreck. Try to stick in there and pull yourself together for your child. It is not in best interests that your child see you like that.

Answer 5

This is way too much for the people on the web to answer. You need an attorney fast. You have not given us any reason why your father has your son to begin with. The courts do not take a child from a parent and give it too the grandparent without just cause. You need to get a lawyer and to come clean with them. Why does you dad have your son to begin with? These are things you failed to mention in your question.