my expartner has gained all parental and custodial rights to my son without my knowledge my son decided to stay with his father on a short term basis seeing me at weekends then he stopped coming nex the is living in denmark and now america how can this be legal without me signing any papers or going to a court hearing is this kidnap or can the courts give him full custody without my knowledge we were not married but he was living with another woman who then moved in with my son and my expartner i have not seen my son for 6 years it feels like he has been stolen from me
2007-03-23 13:25:23 · 16 answers · asked by Rebecca B 1 in Family & Relationships ➔ Marriage & Divorce
You need legal advice for this...good luck to you
2007-03-23 13:28:08 · answer #1 · answered by angeleyes 4 · 1⤊ 0⤋
To be honest it looks like you don't have a case. (For full custody, that is.)
If it's been 6 years that you haven't seen your son, what have you been doing in that time?
If it's been 6 years and you're only asking about it now, then obviously you haven't been too concerned about your son's welfare.
I doubt any court would be willing to disrupt your son's life right now. Unless of course your son has been abused in that time. But you don't know that, because you haven't seen him. (Maybe he hasn't been physically abused, but on the other hand, maybe he's really missing out on a relationship with you. He may be better off with you, even after all these years. He might even be willing to say so.)
My advice would be to get in touch with your son. You're going to probably have to deal with some difficulties though. He might not be willing to be what you want him to be. Kids generally get used to whatever situation they're in, and you've been a stranger, whether that's been right or wrong.
Don't give up though! Yes, you've been complacent, but, please don't give up. You've made a good step by asking here. Ask more people. Ask a lawyer. Get in touch with your ex and your son. Try to see your son wherever he lives. Go out of your way. Make it an exception. Pay the price. You'll never regret it.
My parents were divorced when I was a kid and my dad got custody. If I was ever given the choice, at any time I would've chosen to live with my mom. It was never an issue. I don't think she ever asked. Don't be as complacent as my mom was. You might just be missing out on something great because you can't bother to ask.
2007-03-23 13:51:35 · answer #2 · answered by Anonymous · 2⤊ 0⤋
It's not kidnap but you should have been notified. You either gave him permission to have full custody or you were deemed and unfit parent by the courts and he was awarded full custody. You should seriously get in touch with a lawyer if you really want to see your kid again. I mean, it's been six years. Alot of people would think that you weren't too serious about ever seeing your son again. But you're the only one who knows. You need to fight for him.
2007-03-23 13:40:37 · answer #3 · answered by Vince R 5 · 1⤊ 0⤋
According to my husband who teaches law, you should get in touch with a lawyer immediately.Unless you were served with papers or there was some sort of public notice, the courts would not grant him permission to take the child out of the country.
You should also contact the local women's centre if you can not afford a lawyer as they may be able to suggest someone who does pro bono(free) work.
Good Luck
2007-03-23 13:31:37 · answer #4 · answered by Anonymous · 2⤊ 0⤋
GET AN ATTORNEY. i'm all for doing as much as you can on your own, but you definitely need major legal help. it's impossible to gain sole physical and legal custody without informing the other parent unless something was done illegally. well in the US anyway. i don't know what country you are in.
2007-03-23 13:30:06 · answer #5 · answered by Bella 5 · 0⤊ 0⤋
Why has this gone on for 6 years without you seeking help? 6 years is a long time in a kids lifetime.
get some advice from a lawyer.
2007-03-23 23:47:16 · answer #6 · answered by laplandfan 7 · 1⤊ 0⤋
Are you just now pursuing this after 6 yrs have gone by? We don't know what country you are from as the laws differ from country to country. You probably should have done something right away 6 yrs ago....sorry... good luck to you.
2007-03-23 13:32:56 · answer #7 · answered by sushihen2 3 · 0⤊ 0⤋
properly, the money is for you , whether it must be used to purchase nutrition, pay hire, scientific wellness insurance, training costs, vehicle costs, and so on. existence is amazingly, very spendy and $one thousand feels like alot till you already know which could be hire and utilities purely via itself. precise that off with motor vehicle costs, scientific wellness insurance, nutrition, communique charges, any debt money, funds is amazingly tight for many human beings. you will possibly not see it, yet that doesn't propose that is not helping you. in case you prefer scientific care and don't get it, flow to a school counselor. The emergency room won't be able to refuse to handle you. i'm sorry your mom chooses to undesirable mouth your dad, yet that doesn't propose the money isn't being spent on you.
2016-10-19 11:29:41 · answer #8 · answered by ? 4 · 0⤊ 0⤋
it is not legal, you can go to court and fight for you son. you have to tell the courts that you were not aware of what your ex was trying to do and want to have joint custody. the courts will be able to help you. but a warning to you they are going to make sure that where you live is safe for him to come. they are going to make sure you are fit.
2007-03-23 13:29:33 · answer #9 · answered by ? 6 · 2⤊ 0⤋
One tip ...
Your writing is virtually impossible to understand. It is incoherent.
Write these thoughts down clearly. If you present materials like this to the courts, they will probably dismiss you as incompetent.
Get your head clear, and come up with a plan of action.
Be honest with yourself ... have you done anything that would warrant the present circumstances?
2007-03-23 13:31:09 · answer #10 · answered by poweranni 7 · 1⤊ 1⤋
you should have tried custody for him his dad obviously loves him after 6 years he would be a stranger to you ,perhaps when he is old enough he may look for you
2007-03-23 22:25:17 · answer #11 · answered by susan will of the wisp 4 · 1⤊ 0⤋