My son father came to Mississippi from Missouri and took my son out of his mother household. Took him back to Missouri without my consent.
Asked on Feb 11th, 2017 on Child Custody - Wisconsin
More details to this question:
The police said it was not kidnapping because he was the father. They went to family Court in Missouri without me and they awarded my son father custody. What do I have to do to get my son back. He won't even let me speak to him on the phone.
You wouldneed to provide more facts to figure out what is going on here and how to help you. Were you married and divorced? if so, in what state and what were the custody orders from the divorce? if not married, and the child was born out of wedlock, was paterntiy established? Under WI law, a father would have no legal rights to the child until paterntiy was established and custodial orders put in place.
Under the Uniform child custody act, "home state" is determined where the children have resided during the last 6 months. The UCCJEA is designed specifically to avoid the very problem you describe you here, child kidnapping and interstate travel. You need to contact an expericned family lawyer immedaitely in the state where you are living to help you get your childen back. I would need to know if there are any previous court orders in place as to custody, and where those orders emante from, to determine if Mississippi or Missouri have jurisdiction under the UCCJEA.
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