NEED HELP A.S.A.P Okay my friend want's to go pick up his son today!! cuz the mother of the child just got incarcerated about too weeks ago and be4 she got incarcerated she told my friend go pick up the baby..But my friend has nothing stating he cant see the baby or nothing about restraining orders He loves his son but the problem is that the baby is at the Aunt's house and she dont want to give up the baby even after the mother of the child told my friend go pick up the baby..the Aunt said if he goes and try's to get the baby or come bye her house she is going to call the cops!! and he has never done nothing wroung to the Aunt she dont like the fact that he got her niece pregnant when she was only 17 and my friend was only 18 at that time but yes he is on the birth certificate!!!! Any advice please All he wants is his son and also the Aunt hated the fact that her niece was and is still being with the father of there son!!!!!
2007-08-13 10:17:24 · 13 answers · asked by dsm562 3 in Politics & Government ➔ Law & Ethics
He want's to pick up his son from the aunts house cuz Her son sell's Drugs..
Also the aunt dont want to tell my friend where the baby's mother is being incarcerated
2007-08-13 10:18:10 · update #1
If the mother has custody she can choose why the child stays with. For him to take the child he could get arrested. Yeah, he says that she gave permission, however that won't do him any good until they interview her.
If he wants custody, now is the time to try to get it.
2007-08-13 10:22:55 · answer #1 · answered by davidmi711 7 · 0⤊ 1⤋
Unfortunately, this might very be considered kidnapping. Your friend needs to prove that he has some custody right to the child. Presumably when the woman went to jail she assigned custody of the child to her aunt, so the father needs to gain legal custody before he can remove the child from the house.
The best thing he can do is call Children & Family Services and explain the situation to them - the mother is incarcerated, the baby is under the aunt's custody but is in the house with a drug dealer, and that he the father would like to get custody of the child. He'll have to prove that he is a fit parent and can provide for the child properly.
Encourage your friend to get the law on his side FIRST, instead of rashly grabbing physical custody of the child.
2007-08-13 17:27:08 · answer #2 · answered by teresathegreat 7 · 1⤊ 0⤋
tell your friend that he has parental rights the same way as the mother does and absent any court order to the contrary the aunt can not keep the baby from her father, if i was in a similar position I would call the police station or sheriff's office and see if they would accompany me to the aunt's house while your friend goes and gets the baby. That way there is a neutral third party present and the aunt can not make up any accusations or get your friend in any trouble. All things considered the aunt may be kidnapping and not the father of the baby. If there are other circumstances that you think may be changing things you sould definatly call the sherrif or a lawyer first off.
2007-08-13 17:25:45 · answer #3 · answered by Damien T 3 · 0⤊ 0⤋
I just wanna say...people are answering by making many, many assumptions here. First, clearly getting a goverment body involved...like the police, is the safe route. But, to answer the basic question you asked, go to your states criminal code on the internet and look at the code section that defines kidnapping. Ultimately, if he was ever charged with kidnapping, the prosecutor would have to prove each element of that statute to a jury. The state's kidnapping statute is exactly what defines the type of behavior that is being deterred with punishment for its violation. Note, however, that even if his behavior does not violate the statute, he may be violating some other criminal law or subject himself to some civil suit...so, again, get police or child protective service, etc. type people involved. I mean, after all, that's what police are here for.
2007-08-13 17:40:25 · answer #4 · answered by drbjr 1 · 0⤊ 0⤋
If you know for sure about drugs, report it without name given by a payphone. He should be able to talk to a councilor and being legal father and clean record should be no problem IF
he can support them have a steady income, and a regular roof over their heads. You need legal help on this. The county will know where she is incarcerated, find out the counselor I'm sure she would know. Evidently he wasn't listed to contact on emergency issues, only the aunt for some reason.
2007-08-13 17:33:01 · answer #5 · answered by kittycat 2 · 0⤊ 0⤋
Without knowing the whole story, it's hard to make a judgment. The aunt might have good reasons not to want your friend to have the baby, or she could be acting out of spite, it's hard to tell. I should think he would need some kind of legal permission to have custody of the child, some papers the mother would have to sign. I don't think her spoken word would be enough in this case. She and her boyfriend (husband? Are they married?) need to get legal counsel.
2007-08-13 17:26:54 · answer #6 · answered by Antique Silver Buttons 5 · 0⤊ 0⤋
as a father he has a right to see his son - unless there is some type of court order that prevents him. in this case, i would threaten the aunt with a promise to call the police if she refuses to allow the father access to his child. then follow through with it, and call the police. or, you might ask an officer to accompany him to pick up the child.
2007-08-13 18:04:37 · answer #7 · answered by Daniel F 6 · 0⤊ 0⤋
I would suggest that you get a lawyer. There are alot of lawyers that will do work for free (pro bono). Doing this the legal way, vs. the snatch and grab is best for everyone involved.
If he truely suspects that drugs are being sold from this house, he should call the police and tell them.
It sounds like there is alot of emotion in this situation, the best thing to do is to get the authorities involved.
2007-08-13 17:28:00 · answer #8 · answered by Wanda 4 · 0⤊ 0⤋
It's not kidnapping. The aunt is committing interference with custody, and she is arrestable. In fact, I would suggest going to child services and advising that the aunt is keeping the child and as father, he has a right to the child. And follow through, including the criminal charges against the aunt, who is a real piece of work who is probably already trying to turn the child against his father.
2007-08-13 17:23:58 · answer #9 · answered by Anonymous · 0⤊ 2⤋
That's not right YOU need to tell your friend to call the cops and report her ASAP.....I know that you would not want anything happening to the baby especially after hearing that the aunt's son is selling drugs around the baby....REPORT THEM NOW!!!!
2007-08-13 17:27:48 · answer #10 · answered by Anonymous · 0⤊ 0⤋