My child's father left us a month ago, to pursue a better life for us. However he has yet to find a full time job and is NOT paying support. He now threatens to come back and take him along with the help of his father. It sounds like kidnapping to me help what should I do?
2007-05-21 04:47:09 · 21 answers · asked by melissa c 1 in Politics & Government ➔ Law & Ethics
This is his second child, he also pulled this with his daughter's mother. He has yet to pay her any support as well.
2007-05-21 05:10:25 · update #1
Depending which state you live in. Let say you live in NY....both parents have equal rights as long as the father sign the birth cert. Because of that If one parents take the child without the other parent consent that will be taken as kidnapping. FYI... he want to take the kid(s) because that way YOU will be paying child Support. Speak to lawyers, find out your rights and what you are your options.
2007-05-21 04:58:09 · answer #1 · answered by Akasha 3 · 0⤊ 0⤋
I think that he does have rights, he is the father, right? Are you married? Fathers have rights the same as mothers do. However, if you are afraid of him in any way, such as him taking your child, you may want to protect yourself and get advice from a lawyer, and tell them the situation. You may want to get a restraining order just in case. Truth be told if he isn't doing anything for his child and he did the same thing with the other mother of his child, he won't get custody. Courts are almost always in favor of the mom over the dad, unless mom isn't worth anything herself. No job and not paying support definitely puts things in your favor.
2007-05-21 07:51:19 · answer #2 · answered by Mother of one 2 · 0⤊ 0⤋
IMMEDIATLY, seek legal cousel. File for legal seperation and custody of the child. Custody will probably be awareded to you temporarily while the case works its way through the system. If you husband makes any threats, if you have evidence such as e-mails or phone conversations, KEEP THOSE. Take them to the attorney, they might be grounds for an emergency restraining order which would keep the father away from his son. If you don't have paperwork filed, your husband can come and claim his son at anytime and there is nothing that you can do. Best get started now with the paperwork.
2007-05-21 05:09:21 · answer #3 · answered by Whiskey Tango Foxtrot 4 · 1⤊ 0⤋
Call an attorney and discuss your options. You will want to make certain you have legal custody of your child. If anyone comes to take your kid, call the cops. If you think the father is a danger to your child, or could kidnap him, you should call the cops now and try to get a restraining order served on him. Good luck!
2007-05-21 04:55:38 · answer #4 · answered by Mr. Taco 7 · 1⤊ 0⤋
Go to court and get full custody ofyour child and also have the judge enforce an amount of child support. He sould not be trying to raise a child if he has no sort of income. How will he feed aand cloth the child. But the best thing to do is to get full custody.
2007-05-28 21:59:23 · answer #5 · answered by njmjbj2001 1 · 0⤊ 0⤋
Get yourself a lawyer and file for an order of protection. This is kidnapping and since you have basicly been pre-warned.....it's your duty to protect yourself and your child. Fathers have rights but the court can definately place some stipulations on what those might be. If you don't you may never see him again.
2007-05-21 04:55:29 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Family law is a state matter and you handle it in state. Next time be a better judge of character when picking a man.
Till you have a court ordered custody he might be able to take the child.
Jay,
Do you honestly think these answers matter? People only ask this type of stuff to reinforce what they already think. Think you are the only guy out here with a problem? Check out my website http://SearchingForKim.com
There are plenty of women out there that are pretty pathetic. We know we are getting a short version of a long story. We also know it is only one side. Most people here aren't that dumb to read 3 lines of text and expect to know the entire life story of the asker of the question.
2007-05-21 07:08:06 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Best idea take this to court. A judge will see him as financialy unfit to care for a child wether or not support from his parents are given. Get a restraining or no contact order also. No contact is better as a restraining order is more for assault cases, and the restraining order is enforced unless physical contact is made, and a no contact order is enforce with everything. Talk to his parents as well, Ive seen this a lot and its probably his parents big idea.
2007-05-28 15:34:44 · answer #8 · answered by vestrada_amw 2 · 0⤊ 0⤋
You do not need a lawyer, I am one and I am advising not to waste you money on such a simple matter. If you are not married, neither one of you has custody and he can come and get your child if custody has not been established in your honor. All you have to do is find your local courthouse and asked them for the papers for full custody for single parents. Fill it out and turn it in to the judge. Once you get the paper work if you still need help, seek public legal aid and they can help you fill out the form. As it stands, if two unmarried people have a child, then neither has custody. Pray he doesnt beat you to the courthouse in order to avoid child support. Losers do that.
2007-05-21 05:21:45 · answer #9 · answered by withluv7 3 · 0⤊ 1⤋
There are very few judges that will fully take a child away from their mother unless of course you can be proven to be unfit.( i.e drug abuse, child abuse , neglect).From what I have seen this is very hard to do. I would just consult an attorney and be prepared to challenge this. He is just doing this to intimidate you and make you fearful. It isnt THAT easy to take a child away from their mother, especially when they look at him and see that he cannot and will not get a steady job to support the child. Tell him to grow up and get lost!!
2007-05-21 05:16:29 · answer #10 · answered by prettynpink 3 · 0⤊ 0⤋