My husband left me and is keeping my son from me and staying at his mother's house. We are still married and divorce isn't an option right now due to finances and time. If I just go get him and take him to my new home with me, can I be arrested? We're still married so we both have custody. Is it kidnapping? If the police are called, what would they do in that situation? Please help me before I get myself into alot of trouble trying to get my baby back.
2007-10-18 16:44:06 · 11 answers · asked by ♥Kym♥ 5 in Politics & Government ➔ Law Enforcement & Police
There is no battle between my husband and I. He doesn't even talk to me. I would never drag my child back and forth. If I got him I would give him to his father any time he asked. I've been trying to get him since January. Legal Aid has given me the run-around and I still haven't got a straight answer out of anyone. I have to go to friends houses to have access to a computer so I really don't know what to do. It took me months to get on my feet after he threw me out with 0 notice. We never fight and we never have and if we did it would never be in front of the children. My child was not even 2 months old when he was taken from me. If my husband wasn't so mean and terrifying I would have fought for him that night but I was afraid. My son is safe with them but he needs me and I need him.
2007-10-18 17:17:50 · update #1
It is illegal to intentionally conceal a child from a parent. This would involve the other parent not knowing where he is.
If you just refuse visitation, that is a matter for family court, not the police. As long as he knows where your son is, it is not illegal. You are basically doing the same thing he already did to you.
2007-10-18 16:49:41 · answer #1 · answered by trooper3316 7 · 1⤊ 0⤋
I'm not in the law profession, but what some of the other posters have said makes logical sense. I don't know what your situation is, but many locations have free or very low-cost legal help though Legal Aid. If that isn't an option for you, you may also be able to type up and file your own divorce papers (if your situation isn't too complex). That's what I did. It took me about an hour to type the documents and cost $25 for getting my signature notarized and $60 to file the papers at the courthouse. Because I didn't know where my dumbass was, I had to publish a legal notice in the local newspaper, which cost an additional $60. All of that probably depends heavily on which state you reside in (I'm in Georgia). Again, I'm not a lawyer, but you might want to check and see if this can be done where you live. Good luck!
2007-10-18 17:02:12 · answer #2 · answered by Anonymous · 0⤊ 0⤋
no its not illegal. In fact you can file a do it yourself divorce, and if you have custody you would most likely get it in the divorce. But since there has been no paperwork filed, and nobody has custody issued through the courts, then by all means go pick your child up. If you decide to do the divorce thing, you can purchase the paperwork at most paper suppliers. Also, try contacting your legal aid department for your area and see if they will help with the divorce and custody. Its a good possibility they will due to financial reasons, and not being able to afford it. Good luck
2007-10-18 17:04:47 · answer #3 · answered by hannahs3092000 2 · 0⤊ 0⤋
you need to see an attorney as soon as possible. Go to legal aid if you can't afford an attorney. Who the son stays with has to be decided by the courts but in the meantime, it might be more damaging to your son to drag him back and forth between the two of you unless there is some specific reason that he shouldn't be there - if your husband was abusive to him for example.
If you go get him now, even if the police are not called, he may just come and get the son again from you and your son is in the middle of the battle between you and your husband.
It is better to let the court decide that, and it will be probably be that you get custody with visitation rights to him, but that way your son is not in the middle of the battle between you and your husband, a place no child wants to be in.
2007-10-18 16:57:43 · answer #4 · answered by Al B 7 · 0⤊ 1⤋
You're just being spiteful to get back at your husband. Your using your child as a weapon against his father and your using excuses about finances not to get a divorce. Meanwhile, the child is put in the middle for something that you and your husband can argue over. That's pretty pitiful.
Get the divorce, the court will probably give you custody, though if two 'grown' adults are acting like this, I don't think either one of you deserves custody.
2007-10-18 16:52:32 · answer #5 · answered by Chris L 3 · 1⤊ 1⤋
You have to tell your husband if you take your son out of state, other than that until there is a custody order, you can keep your son with you without your husband having visitation. However, for the sake of your son, I recommend that you try your hardest to work out visitation with your husband. Divorce (or separation in this case) is hard on kids, but when they are used as a pawn in the situation, it makes it so much worse. Now, if you are planning on entering the house and removing your son, you could be charged with trespassing and / or breaking and entering.
2007-10-18 17:02:11 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Although legally, there is nothing he can do to stop you, there is also nothing stopping him from taking the child back. He can keep you from entering the home where he is residing, so dont go barging in, or you will be making a trip to jail. Too much of snatching this child back & forth is only going to hurt the child. Stop using the child as a pawn, both of you. Grow up, get a court order and be civilized for the sake of the child.
2007-10-18 16:52:04 · answer #7 · answered by Anonymous · 3⤊ 0⤋
No i dont believe that you would be in trouble for taking your son, atleast i didnt, he has no right to keep him from you especially since you are still married and the are no custody boundaries. Mommaa pretty much always win in situations like this, that is, unless you are an unfit mother on drugs or have no place to take him. If you do have somewhere safe for him and your not on drugs then more power to you girl. I understand how bad you want him, just try not to fight in front of him. Goodluck
2007-10-18 16:52:03 · answer #8 · answered by toloveastephanie 2 · 1⤊ 1⤋
You need to go to court and get papers done for a parenting order. Talk to a family court counselor at the courthouse. It's free and the judge can force him to give the child to you for set periods of time. Talk to a police officer and figure out what you can and cannot do. They know the law quite well and may be able to assist you too. Good luck...
2007-10-18 16:50:58 · answer #9 · answered by cherryblossom 2 · 1⤊ 0⤋
Actually, his truly father does. Suggest in your husband that he undertake your son legally. His organic father will need to signal papers giving up his parental rights, but when he has no touch with the boy, I do not see why he must brain. Of path you must be mindful that in case your hubby adopts the little one, you can lose any little one aid you possibly getting from the bio-father, if he is even paying that.
2016-09-05 14:47:12 · answer #10 · answered by ? 4 · 0⤊ 0⤋