me and i ex are both 20 and have been with each other for just about 2 yrs. and have a 10 month old baby bogether. we just split up. he is the tip of person that can not keep a job. and he is leaving with his parents now and has a job. he said that he will be sinding money down for his son and wants my baby for the weekend but i dont know he will bring him back though he says that he is going too. so if i let him and he does not bring him back can i do anything to get him back?
2007-07-31 15:49:07 · 10 answers · asked by crystal w 1 in Family & Relationships ➔ Marriage & Divorce
Without a custody agreement whoever has the child, has custody. If you're afraid your bf won't bring the baby back, tell him that he can come see the baby at your place until there is a custody agreement. You should file right away. My hubby went through this when my oldest bonus daughter was a baby. He kicked his ex out because she was being abusive and got custody of Alyshia. The thing is, until that custody order was in place, he couldn't let her out of his sight. If anyone else is caring for the baby and you're not there, that person has no legal right to keep your bf from taking the baby. Good luck
2007-07-31 23:50:44 · answer #1 · answered by aly_des 3 · 0⤊ 0⤋
I have so totally been through this. Don't tell him. Just go get a lawyer and settle it. I would just tell him you don't feel comfortable with him taking the baby right now. Every time I took my ex to court and told him I was, things were horrible and he would fight with me. Which you really have to watch out for cause he can hold some of that against you in court. I would NOT let your child out of your sight until you have an order of some kind for visitation. I don't know if your ex is on the birth certificate or not. Have him come down and spend time with your baby at your house. Things will be rough for a couple of months, but once you have that court order you'll be fine.
2007-07-31 16:05:12 · answer #2 · answered by dmh2105 2 · 0⤊ 0⤋
Everyone is giving you the same advice I gave you to your previous question. Neither of you have custody until the court says so. I know that's hard to believe but it is true! Do not let him take the baby - he's way too young! He can come visit him at your home that way the court won't come down hard on you for not allowing him to see his son. To get your baby back would involve an expensive legal battle. What is most important now - the custody of the baby or child support? Keep the baby and get to court for a custody and support order, asap. I care.
2007-08-02 02:42:14 · answer #3 · answered by DPL06351 5 · 0⤊ 0⤋
You must get legal custody papers at the court house, have a family lawyer help you fill them out. If you don't have legal custody and he takes the baby and files first you could lose custody rights. Go to court or call a lawyer as soon as they are open for business. The sooner you file the safer your chances to get custody. Don't let him take the baby until you have been awarded custody. If you don't have the fee, borrow it from some one quick or ask the court what you can do. You may have to go to the welfare department and file for aide, do that as soon as possible too. Have your parents help you with all of this if you can. If not go to court and ask the court people a lot of questions.
2007-07-31 16:00:53 · answer #4 · answered by Sweet Suzy 777! 7 · 0⤊ 0⤋
Do NOT let him take the baby if you're scared he won't bring him back. Without a custody order it's not considered kidnapping since he's the father and there's nothing you could do about it. Go to court and get a custody order, even if you guys totally agree on a visitation schedule. That way it's clear and spelled out and if he doesn't follow it, he'll be charged with kidnapping.
2007-07-31 15:52:49 · answer #5 · answered by butterfly8373992 2 · 0⤊ 0⤋
you need to go to child support in your county and talk to a social worker. They will automatically put everything in the "system" and the state will take him to court. If you want full custody then you might need to get a lawyer, but you also have to prove that he is an unfit father. You do have the right to tell him that he cannot have the baby. If he wants to see the baby that bad then he can come and visit you. Mothers normally have all rights when it comes to not being married until everything goes through the courts.
2007-07-31 15:58:42 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Get a court agreement. You don't have to go to divorce court to do this. It'll be very easy if you can agree ahead of time on visitation. And, if he's living with his parents, that's probably good... maybe his mom is halfway responsible.
If he didn't bring the baby back, you could charge him with kidnapping. Most guys, after being kept up a couple of nights with a baby, though, will be too willing to return it.
2007-07-31 16:00:47 · answer #7 · answered by Laura 6 · 0⤊ 1⤋
Oh, I'll bet your baby's missing his daddy right now. He has no clue what's going on and doesn't care about your romantic relationship at all. He just knows that that man who he loved and who loved him is gone.
Why would you think that he wouldn't bring him back? Why not just treat each other with respect as your child's other parent? Why not treat your child with respect as an individual, not a pawn in your game?
Sigh.... Poor kid...
Call a lawyer to ask what would happen, legally - what your rights would be - if his father didn't bring him back to you.
But, from your child's point of view, how would living with dad who's keeping me from mom be any different from living with mom who's keeping me from dad?
2007-07-31 16:15:28 · answer #8 · answered by Maureen 7 · 0⤊ 0⤋
Don't let your baby go. If you don't have a custody agreement in place, it will NOT be considered kidnapping. So you definitely need to keep your baby with you until that happens.
2007-07-31 16:03:42 · answer #9 · answered by traceylenore 3 · 0⤊ 0⤋
I wish that before you consider divorce, that you two try to work out a new marriage with a counselor.
Joining a marriage is hard but having a little one and a new marriage is much harder.
You MUST think of what is Best for this baby Down the road.
Please consider Counseling BEFORE divorce.
2007-07-31 16:01:21 · answer #10 · answered by simpleminded 5 · 0⤊ 0⤋