I left my kids dad in July, and I moved to Ohio. He came and stoled them Monday, and took them back to Florida. We were never married, but he is their father. I have no court papers saying I have custody, nor does he. He filed for custody in fl., but we have not been to court yet. Know any statues?
2007-12-14 02:31:58 · 8 answers · asked by Mother 1 in Family & Relationships ➔ Marriage & Divorce
You didn't call the police when he kidnapped your children? Get a lawyer fast!
2007-12-14 02:35:31 · answer #1 · answered by LB 6 · 2⤊ 0⤋
According to federal law, the case must be resolved in Florida, since that is where the first action was filed. Without a custody order, the father has as much right to the child as you do, and can't be charged with kidnapping in this case. There has to be a valid custody order and the parent be in violation of that order for kidnapping to be a valid charge.
If his taking the child to Florida without your consent constituted kidnapping, wouldn't you moving to Ohio without his consent also consitute kidnapping? Until a court oders otherwise, both parents have equal custody rights to the child.
2007-12-14 08:12:48 · answer #2 · answered by rlb1961 3 · 1⤊ 0⤋
i went through the same thing with my daughter 10 yrs ago and I can tell you even if his name isn't on the birth certificate he can still pursue custody. this is how it happens #1 he will have to prove paternity,with that test his name doesn't have to be on the birth certificate to get full custody. the way the law sees it custody hasn't been established yet.All he would have to do is walk in the front door,grab the baby and walk out the back door and not tell you where he is going.If he does that, it could buy him enough time to get a temporary full custody order. After that you would be fighting the court system for up to a year until a decision is made. My advise is don't let that baby out of your sight until you get a lawyer and get the ball rolling.
2016-05-23 22:33:01 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Until he is found to be the biological father, you are their legal and rightful parent as you are on the birth certificate. He can be arrested and your children can be brought back to you. This can hurt any chances he has of even having visitation because it is a crime. Too, he will have to file for custody in the state you live in unless he filed in his state and you fled to avoid the court date. In that case, they can put you in jail for contempt of court.
2007-12-14 02:40:49 · answer #4 · answered by MJ 6 · 1⤊ 0⤋
You should be able to contest it. Also the court will look at the fact that he "stole" the children, and see that as irresponsible. Hopefully the court system will work for you, and the children will be awarded to the most fit parent.
Cheers
2007-12-14 02:36:12 · answer #5 · answered by Sarah P 4 · 1⤊ 0⤋
since he file in FL you will have to go there now and did you file kidnapping on him? What does the cops say and have you got ahold of a lawyer yet? That what you need to do NOW
Good luck..And sorry he took your kids
2007-12-14 02:37:56 · answer #6 · answered by Toni A 4 · 0⤊ 0⤋
Have you filed a police report? This man kidnapped your children, why are you on the computer? You are the mother, no court is going to give them to him, he belongs in jail.
2007-12-14 03:07:25 · answer #7 · answered by tjnstlouismo 7 · 1⤊ 0⤋
Hold on a minute, you're telling me that he went to Ohio, another STATE, and just took your kid and you didn't try and stop him? Are you sure that you didn't allow him to take your child for visitation and he just extended it longer than planned?
I mean, I know my husband's ex did this to us. We went to her house to pick up the child and brought her to our house. No court order in place for either parents. And she called the police on us saying we took her kid. But hello? We took the child from HER house with her permission. And she just knew that it would look better in court to have the police called on us...
I'm not saying this is you, but something strikes me as strange here. Unless he picked the child up from daycare or something...but even then, you'd have to have given permission....
Are you leaving something out?
2007-12-14 02:42:05 · answer #8 · answered by Momto2inFL 6 · 1⤊ 0⤋