QUESTION
How can I get child custody of my son from my ex girlfriend?
Asked on Jul 21st, 2011 on Child Custody - Georgia
More details to this question:
My Ex has kept me from my son for years off and on now. I have him for the summer and its great. The other day my son asked if he can live with me because he hates it there where he lives he says he sleeps on the couch and has no bed not to mention the mom moved in with a boyfriend with a bad past after only being with him for 4 months. He moves out off and on and she sells his stuff when she needs money. I am heart broken because my son wants to stay with me. I pay her child support but there is no court order custody. Can I keep him with me with out going to jail or getting arrested for kid napping I just want whats best for my son and if I take him back who knows when I will ever see him again. Hes 10 now and time is getting short.
20 ANSWERS
Dissolution (Divorce) Attorney serving Scottsdale, AZ
at
Law Office of Aubrey Srednicki, PLLC
Update Your Profile
It is important that you formally establish custody and parenting time through the Courts. I recommend that you speak with an attorney who can more fully evaluate all of the facts and circumstances in your case and advise your how to proceed.
This information is not legal advice and is neither intended to create, nor does receipt constitute, an attorney-client relationship. The contents herein are generally limited only to Arizona law or to the state of the law generally as it exists throughout the United States of America. Do not act or rely upon any of the resources and information available from us without seeking professional legal advice specific to your situation and state.
The transmission of information from us, including any reply to any E-mail inquiry is NOT intended to create, nor does it create, an attorney-client relationship between us and you. We create attorney-client relationships only upon exchange of a written attorney-client representation agreement.
Answered on Mar 19th, 2017 at 5:52 AM
Family Law Attorney serving Everett, WA
at
Burkhalter Law PLLC
Update Your Profile
You should commence a paternity action.
Answered on Aug 05th, 2011 at 6:13 AM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
Apparently you have been living under an unmarried arrangement for nearly 10 years and have never done anything to have a court establish any legal obligations or responsibilities concerning your child. The price for that is that currently you have no legal rights at all just the right to go to court and have the judge decide what is in the best interests of the child. You need to step up and get a court to establish a suitable parenting plan after being able to evaluate all the facts and circumstances. Until you do, you are (legally) at the mercy of whatever the mother says and the law enforcement system will not be able to help you. What your son wants will not be the deciding factor, but will be taken into consideration.
Answered on Jul 23rd, 2011 at 6:07 AM
Family Law Attorney serving Fountain Valley, CA
at
Law Office of Edwin Fahlen
Update Your Profile
If there has never been a LEGAL finding of paternity of the child, you need to get into court immediately, because LEGALLY you have no rights. Based on the facts you have declared, now is the perfect time to strike for physical custody to you. If you keep your son without a court Order, you do risk legal issues. Since he is 10 years old, we can help you make his desires known to the Judge, and bring you the gift of physical custody to give your son a chance at a better life.
Answered on Jul 22nd, 2011 at 2:35 PM
My feeling is that to be really safe, you are going to have to go through the court system. Even then, there is no guarantee. Instead, the results are likely to depend on the details of your particular situation. If paternity has not already been established, you are going to need to establish that. Once paternity is establishing, you are going to have to petition to have the court enter a parenting plan.
Answered on Jul 22nd, 2011 at 2:29 PM
General Civil Trial Practice Attorney serving Beaverton, OR
at
Vincent J. Bernabei, LLC
Update Your Profile
If there is a court order that you pay child support, Oregon law provides that the mother has legal custody of the child. To modify that, you must file a custody petition in the state where the child has resided for at least the past six months. A child's preference as to where he would like to live is usually considered by the court but a child doesn't get to decide where to live until he's 18. You don't need to show a change in circumstance to modify custody in your case. Oregon law provides, in part: (1) In determining custody of a minor child, the court shall give primary consideration to the best interests and welfare of the child. In determining the best interests and welfare of the child, the court shall consider the following relevant factors: (a) The emotional ties between the child and other family members; (b) The interest of the parties in and attitude toward the child; ( c) The desirability of continuing an existing relationship; (d) The abuse of one parent by the other; (e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and (f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. If a parent has committed abuse there is a rebuttable presumption that it is not in the best interests and welfare of the child to award sole or joint custody of the child to the parent who committed the abuse. In determining custody of a minor child, the court shall consider the conduct, marital status, income, social environment or life style of either party only if it is shown that any of these factors are causing or may cause emotional or physical damage to the child.
Answered on Jul 22nd, 2011 at 2:21 PM
Civil Attorney serving Spokane, WA
at
Glenn E. Tanner, Attorney at Law
Update Your Profile
If there is no parenting plan in place, and you are the father, her "rights" are no different than yours. However, you're asking for friction to just "keep" your child. Instead, fileto put a parenting plan in place. See my website for what the court will consider.
Answered on Jul 22nd, 2011 at 2:19 PM
Medical Malpractice Attorney serving Clermont, FL
at
Joanna Mitchell & Associates, P.A.
Update Your Profile
You need to file a paternity action to establish your legal rights to the child. That way, she can't stop you from seeing the child and you'll have an established timesharing schedule. And, if you believe that it is in the child's best interest to reside predominately with you, then you can petition the court for that right (presuming she won't agree to it). You should retain an attorney to assist you in protecting both you and your child's rights and interests.
Answered on Jul 22nd, 2011 at 1:57 PM
You need to petition the court for custody. Although there is no court order stating she has custody of him, the fact remains that she has had physical custody of him since he's been a baby is sounds like. You can try to tell her you are keeping him, but if she protests and threatens to get the police involved, they will more than likely tell you to return the child to the mother and file the proper paperwork with the court.
Answered on Jul 22nd, 2011 at 1:43 PM
In order for you to obtain any enforceable visitation rights, or obtain primary physical custody, you should file a "Legitimation" action in Superior Court as soon as possible.
Answered on Jul 22nd, 2011 at 1:37 PM
Divorce & Separation Attorney serving Menasha, WI
at
Petit & Dommershausen, S.C.
Update Your Profile
You need to go back to court and get a set placement/custody order. It would be very unusual to have a child support order without some kind of custody/placement language. If it says reasonable visitation with reasonable notice, you can't keep him without a court order.
Answered on Jul 22nd, 2011 at 1:05 PM
Roianne Houlton Conner
You must petition the Child Support Court in the County in which you live for custody.
Answered on Jul 22nd, 2011 at 1:01 PM
I would need additional details in order to give more specific advice, but if you believe it is in his best interests to reside with you, you should file a paternity action with the court to request orders that he reside in your care. I recommend you speak with an attorney to discuss your options and determine your best course of action.
Answered on Jul 22nd, 2011 at 12:53 PM
Patricia C. Van Haren
You may not keep your son without having a court order. If you withhold the child from his mother, you could be charged with kidnapping. You should immediately file to change custody based on your son's statements to you. The court may choose to appoint an attorney for your son which would enable him to tell the truth about his living environment. You should immediately contact a family law attorney to assist you obtaining custody of your son.
Answered on Jul 22nd, 2011 at 12:50 PM
Family Attorney serving Seattle, WA
at
Seattle Divorce Services
Update Your Profile
Under Washington law, if you just kept your son with you and she filed an action with the court, the court would likely take a very dim view of your actions and potentially limit any future access to your son. You should file an action with the court for a parenting plan placing your son with you based on the negative environment in her home.
Answered on Jul 22nd, 2011 at 12:47 PM
You need to retain a family law lawyer and go to court and file for physical custody of your child. If your child is ten or older then in many cases the court will listen to what the child wants as to where he wants to live. You do not want to just take him and not tell the mother where you are as that is a crime.
Answered on Jul 22nd, 2011 at 12:24 PM
Probate and Estate Planning Attorney serving Stratford, CT
Partner at
Rosenberg & Hite, LLC
2 Awards
You need to file an Application for Child Custody with the court to define parental rights and push for primary joint, it's a battle but you have a solid chance, will need an attorney to stand a decent chance.
Answered on Jul 22nd, 2011 at 11:40 AM
There are too many unanswered questions - including jurisdiction (i.e., what State can make an order) and how you could have gone 10 years without a custodial order being in place. I suggest calling qualified counsel to verify what State you can proceed in, and then a full consultation with qualified counsel.
Answered on Jul 22nd, 2011 at 11:30 AM
Bankruptcy Attorney serving North Olmsted, OH
at
James F. Lentz Attorney & Counselor at Law
Update Your Profile
You need an attorney to file a motion to establish custody in court for you. You may not keep your son, and will be subject to the whim of the child's mother until you ask the court to give you some rights to the child. Please see a domestic relations attorney soon.
Answered on Jul 22nd, 2011 at 11:30 AM
Glen Edward Ashman
Unless you have legitimated the child you have no legal right at all to see the child, and keeping him would be kidnapping or interference with custody and could land you in jail. If you want visitation, or custody, get a lawyer, legitimate the child, and then seek an appropriate order.
Answered on Jul 22nd, 2011 at 11:29 AM