My son lives with me goes to school from my home, and his mother lives in South Florida and has basically abandoned him and while visiting this week has abruptly demanded that he is staying with her now after a year, there is no custody order and he is with her right now so im trying to find advice on everything... it just happened a few hours ago so i am distraught but have typed up a much longer explanation that yahoo wont allow me to post here:
http://www.weneedmovers.com/letter.doc
Anyone who has gone through this before with any advice legal or anything would be greatly appreciated.
2007-08-11 11:11:26 · 8 answers · asked by J. Fitz 1 in Family & Relationships ➔ Marriage & Divorce
while there is no custody order his primary address has been with you i t is kidnapping and if she doesnt let him leave you can press charges for her holding him hostage. Go to the police and twell them they should help. Ok after reading your document does your son want to stay there? IF he doesnt and he wants to leave and she wont allow it then the police have to step in. There should be a free lawyer around you there is one in every county all over the united states explain your situation to them and they may take your case. Go to the court house and file the papers. Your son is old enough to testify in court and tell the judge who he wants to live with. You have proof that you have been supporting him all the time and that will stand up in court. Good luck if you need someone to talk to please feel free to im me or email i have had similar situations with my youngests sons father.. I would be glad to try to help and be a listener.
2007-08-11 11:17:22 · answer #1 · answered by superthunda 3 · 1⤊ 0⤋
Basically possession of the child would have helped you out here so you wouldnt had to let him go. You need to get this into court before she does and go for residential custodian. Explain the entire situation to the Judge and if you can prove the abandonment part then you stand a realgood chance of legal custody. Any school records or medical records you have willhelp you prove your case, but act immediately. Contact your local legal aid association (yellow pages) for free advice and help if you need it
2007-08-11 11:31:01 · answer #2 · answered by Arthur W 7 · 0⤊ 0⤋
You cannot call the police on your wife (ex) for kidnapping. Without a court order, she can pick him up and take him with her.
However, you can petition the court for custody of the child because the mother did abandon him. Get all your paperwork together, school, doctor, records etc...and a good attorney....
2007-08-11 11:40:05 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Since there is no custody order you have nothing you can go by. She has every right to decide she wants him there and all she has to do is go to court and have an order of custody drawn up. You can attempt to fight it but you will have to show proof of her being totally unfit in court you must have substantial evidence and not hearsay. If you wanted to maintain custody of your son so badly you should have had custody papers drawn up in the beginning. This is NOT a case of kidnapping because there is NO LEGAL order of custody. It is simply a case of a mother deciding that he child will reside with her from now on. YOU screwed yourself from the very beginning. Suck up and deal with it.
2007-08-11 12:04:51 · answer #4 · answered by Anonymous · 0⤊ 2⤋
in the beginning, i'm no longer a criminal expert. regardless of the undeniable fact that, do no longer situation approximately your bipolar ailment being thrown up in court docket b/c it has in no way gotten interior the way of your parenting and you're taking meds for it. additionally, you could no longer record for toddler help till the child is born and don't provide him a divorce till then so he does not pull any "the child isn't mine" crap. i do no longer see any reason you does no longer have finished custody of the child as long as you could instruct which you have an earnings to preserve your little ones.he will of direction have some custody rights. i might look into getting a criminal expert professional bono or a loose criminal service. commence your homework in this now b/c it looks like this jerk is going to pull you for the period of the airborne dirt and dust. in case you have any evidence of his cheating make certain you carry directly to it, you will choose that for the period of court docket. sturdy success hon.
2016-10-10 00:43:43 · answer #5 · answered by ? 4 · 0⤊ 0⤋
I would suggest contacting the authorities (sheriffr's department) to get some legal backup. Just because she's the mom, doesn't give her the right to just come in to the child's life and uproot him like that. Isn't that kidnapping?
2007-08-11 11:21:50 · answer #6 · answered by 65sweety 2 · 1⤊ 0⤋
yup definately kidnapping! keep a log of everything she does including time she abandoned him. good luck!
2007-08-11 11:43:12 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If you are divorced then call the cop because that is kid napping.
2007-08-11 11:17:31 · answer #8 · answered by Brandi 5 · 0⤊ 0⤋