My husband has taken our child and will not let me see him, my question is...?

Question

how do I get our son back? I don't know what to do. I want a divorce and I want custody of our son. I would be more than willing to let him have visitation rights but he has taken our child just to hurt me. He is living at his grandmothers now. I know I could win custody in court because he has no drivers licencse because of a DWI and he has no job. He is also an alcoholic and has been verbally and mentally abusive. But what do I do in the mean time? A divorce may take time. How do I get my son now?

I called legal aid and applied and they said that i will get a letter in the next day or 2 to see if they will take my case. also I called the police and they came and told me if we were married he had as much right to our child as I did so there is nothing I can do about him not letting me see him when it comes to getting the police involved. also If he has him how can they make him turn him over? I am such a mess. I just want our son back. I wouldn't do him like he is doing me. Our son is only 6 months old.

Shelby, I am just curious though, a verbally and mentally abusive jobless alcholic is good enough to marry and have a baby with, but not okay to care for the baby? I don't get it.

I have learned from my mistakes. I made some terrible choices for myself and my children. I realize this and this is why I am in the situation I am in.

Why am i on trial here? Just forget I asked the question. the other 2 are mine from my first marriage. He went from wonderful when he got drunk and pushed me in the bathroom floor then wrapped his arm around my neck. or maybe he went from wonderful when he took my son from me or maybe it was when he called me names in front of my 8 and 5 year old, or maybe last week when my daughter spilled a soda on accident and I told him not to overeact because it was just carpet and he poured a whole 2 liter of soda all over the living room floor just to watch me clean it. who knows but I dont need anyone judging me, I just wanted advice.

Answer 1

Unfortunately, until you go to court and there is some type of custody decision made by a judge, there is no legal recourse against your husband for taking your child. It is not considered kidnapping, as that is his child also. Just as he did, you can go pick up your son and there would be no legal recourse against you. It's sad, and it's a bad situation, but unless you figure out a way to go pick him up you'll have to wait for the court system. Be sure to keep it documented how long he kept your son away from you. That could work in your favor in court.
Good Luck.

Answer 2

I don't know why all these people think the baby is kidnapped, he has rights with the child like the mother does. Court is the only way, a judge will have to make that decision who gets the baby on what days. I am just curious though, a verbally and mentally abusive jobless alcholic is good enough to marry and have a baby with, but not okay to care for the baby? I don't get it.

Answer 3

hello, just to let everyone know, i am the husband and we have agreed to share him. when she said i was an alcoholic and have no job, she drank with me all the way up to when she got pregnant both times and she has never had a job as long as we have been together. and i only called her something in front of her 2 kids because she was calling me stuff in front of her kids. we met over the internet while she was cheating on her first husband. so she cant call me an alcoholic and jobless when she is the same way. she is a liar and i have caught her in so many lies it is not funny. she is manipulative just like her mother. and the reason we were fighting in the first pkace when she said i choked her or put my arm around her or watever is because we had company that night and i started drinking without her and didnt wait on her. and we have both been verbally abusive to each other. i dont even know y i am even writing this now since we are not fighting anymore and have agreed to sharing him, i guess it is just to let everyone know there is two sides to every story.

Answer 4

file for custody
this take a lot less time than waiting for your divorce to be filed
also call child protective services if he is an endangerment you have to report this
for you r child's sakps
since ther are no custody papers yet go to his house when your child is there and he isn't
go with the police if he's there you can't do anything but if the child is with a sitter you have the right to remove the child rights come over a sitter

Answer 5

you can go over there and get your child. go when he is drunk and not there. the family can't stop you since you are his parent and have a legal right. who will the police give the child to if they are called - mother or grandmother or drunk father?

be sure to go get a tro as well right away - even if you don't file for divorce yet. you can do both at the same time.

Answer 6

First, you go to the police and report your child as kidnapped if he just took him away from you. Second, you get a restraining order and third you start the proceedings of a divorce and get custody of your son!

Answer 7

Go to the police. Now. Unless or until a judge has ordered otherwise, the child stays with the mother. NOW. Good Luck!

Answer 8

First, go to the police and file charges against him for child kidnapping.
2. File a restraining order and divorse papers.

Good Luck

Answer 9

There's no immediate solution to your problem.You must take advice of a lawyer and go for obtaining custody of the child legally.That will solve the issue once for all.Any other patch up will invite more problems in future.

Answer 10

you have just as much right to your son as he does! You can go get your son anytime you want an honestly the sooner the better!! He can't keep your son from you! You go get your son an if they won't give him to you call the law they will fix it or help you!!!!No parent has the right to keep a child away from the other parent!! I wouldn't wait for court I'd go get my son NOW!!!!!!!