I have a 13month yo son with my now ex-bf, we don’t have any custody arrangements neither family court orders, I’ve been away for almost two weeks for a family business while my son was with his father now that I’m back home to collect my son they won’t hand my kid back to me! I am a full carer for my son, and I do have a 100% custody until they take me to court, my son’s father family are always involved and telling my son’s father to keep him away from me cops are involved as me and son’s father have a DVO order against each other! Pls need advice on what to do no negative comments pls.
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Call the cops. If you’re primary, he has to give your child back to you.
Without a court order it’s typically a civil matter and the police may not do anything. If they won’t, go to the courthouse tomorrow morning and file for an emergency hearing.
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Without any court papers police wont get involved u need to go to the courthouse tomorrow and file for emergency custody to get him back
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Cops will only get involved if there is a custody agreement thru the court, if no agreement from court they wont do anything
You need to go to court and file an emergency custody order ex parte
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Without a custody agreement there’s nothing the cops will do. Go to the courthouse and file for custody.
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Can you file kidnapping charges
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if you have full custody for the time being take it to the police because with you having full custody that can be considered kidnapping
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someone is holding my kid from me and my initial action is to post bout it in fb. not a good sign. call 911.
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Unless you go to court you dont have 100% coustody of the baby he has rights just like you. If there is no parenting plan in ace he can take the baby when ever he feels like it father have rights to their kids just like mothers do the cops wont do anything about it because its a civil case your gonna have to get into family court asap on Monday I been through this the cops wont do anything hes the dad he has rights.
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You need to call the police. They are going to call CPS. And he will have to return your child. Right now assuming you have full custody … what they are doing is pretty much kidnapping. call the cops. I’m from Alabama , state law is if you were never married to the father the mother has all legal custodial rights to the child rather the father is listed on bc or not until their is a court order proving paternity and giving parental rights and visitation to the father. May be different from where you’re from. But call the police.
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Best thing to do is go file in court on Monday. He doesn’t have to give your son back without there being court documents stating a parenting plan. He is just as entitled to the child as you are.
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Depending on your state, he may have just as much custody rights as you do until court. Texas states that possession is 90% percent until court orders are made.
Without papers of custody there is nothing you can do nor the cops can do, I am sorry to say that… Go to the court and file and emergency custody papers and get into court
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Without anything through court, he has just as much rights to your kid as you do.
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If you don’t have a prior court order and he is on the birth certificate then whomever has the child can legally keep them. You will have to file a petition in family court.
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No order nothing you can do til you get full custody. Always have a court order when it comes to children
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Emergency court tomorrow
There is no custody order in the DVRO
If theres no custody arrangements then neither of you have custody…
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Go to court and get custody. That’s the only way you’ll get your baby back
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You can’t do anything tonight, go to court tomorrow. He is his father, he has just as much right as you to have him. It’s not kidnapping if you let him watch him. Don’t call the police, they won’t do anything unless there is a COURT CUSTODY AGREEMENT
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Also the fact you have a DOV order aginst each other you clearly broke it
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Get a lawyer and go for emergency custody
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Just go to the police…
He’s going to claim abandonment if you have been away for 2 weeks You need to file for custody it possession is 9/10th of the law
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Idk what state your in so each laws vary but if you primary custody of the child then he has no choice but to give the child back so I’d call the cops… but you also said there’s no court order stating that fact so you’ll probably have to go file in court Monday
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I’m confused…you said you have no custody arrangement, but you have full custody? Is the full custody on paper?
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You need to go to your court house first thing Monday morning and file an emergency hearing.
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Sorry but how can you have 100% custody when there’s no court order. Here in Australia if there’s no court orders then both parents have the same rights. Is there a reason why he’s not giving you your son back.
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Get a lawyer and go for emergency custody.
1st off the child is NOT just ur son… and there is no court order so technically he is within hes rights as the childs father to withhold till court … u both seem toxic to the child 
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If you have no custody arrangements and have never been through court and he’s the father then there’s nothing you can do besides file for emergency custody and go to court unless he decides to give the child back before then.
Go to court file the custody paperwork
They can say you abandoned him since there’s no court ordered agreement 
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This doesn’t make much sense. Doesn’t add up.
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Now he has 100% custody until you take him to court. Get a lawyer and file asap.
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This happened to me a few months back, go to the courthouse and get a motion without notice with police assist. Upon approval from a judge they will get you to file a regular court papers for custody.
Really only thing you can do is go file for custody get you a good lawyer tomarrow will mark my 34 court date with my ex and he is evil we have joint custody
Its only abandonment if you didn’t return when you said you would. But sounds like it will have to be settled in court.
All you can do is go file and wait for court
If there is not court order with a parenting plan the father has just as much rights to the baby as you do. And until you get the court order theres really nothing you can do.
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Get a lawyer and wait just like 1000s of dad’s have to 
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Look up the laws for your state. If they are in your favor, call the police. If not, call a lawyer. 
Facebook is NOT the place to seek advice for legal matters.
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Mother has full physical and sole custody if the parents aren’t married …but if they are then it’d 50/50
Document & get an attorney. No matter how amicable a situation is between unmarried parents, you always need a custody agreement.
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This is why you never give your child to the other parent without a custody and visitation order. He does not have to give him back and most police will not do anything without a court order. Unfortunately for you he will probably remain with his father until you can appear before a judge. You can request an emergency hearing but typically they will not expedite it unless you can prove there is a risk to the safety of the child.
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If you are in a jurisdiction that gives 50/50 you are in bad shape. If not and you reside where mother has sole custody until a court order established otherwise you may have legal recourse. You were never married, but have OP’s against each other? Who has custody in the OP?
Call the cops. Then go get a court order in place IMMEDIATELY.
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Whys everyone being so horrible! Imagine if your baby daddy done this to you, how youd feel! Get a grip and give the woman support not all this ‘hes not just your son’ and ‘now you know how dads feel’ bullshit!! She clearly lets the dad see the son, and there maybe a reason hes doing this. But he could be doing it purely to be a cunt and thats it. I know id be broken if my sons dad done this!!
So if a court date is already in place you might be able to go where you filed and ask someone about an emergency court date to speed it up.
It doesn’t matter if you feel you’re the sole carer for your son, if there’s no custody agreement then nobody has to abide by anything. If his family has told him before not to give your child back, then you definitely shouldn’t have left your kid with him for 2 weeks. If he’s already filed custody paperwork, then I hate to see it but you may not see your kid for a long time. So, if I were you, I’d go file IMMEDIATELY for emergency custody. And DO NOT say anything threatening to him or a family member. And if you already have, just be prepared that they will use it against you in court and it will hurt your chances.
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The only way you have any chance of getting him back without a court order is if he is not on the birth certificate. If he is and you handed your child over without any kind of visitation order there is not a single thing you can do until court…
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Meet in a public place and take him. If he doesnt have custody already, the cops cant do anything. Then file for emergency custody
I’ve been away for almost two weeks for a family business while my son was with his father now that I’m back home to collect my son they won’t hand my kid back to me!
It’s his kid too
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Go file emergency custody tomorrow morning
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Mother who are never married have full custudy
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The cops don’t care I had a full court order my ex was a danger to my kids and me he took our new Bub he was only 4 months old at the time he was drug and drunk and they still let him take him because he’s mum at the time we didn’t talk had a flash home and got away with it for just under two weeks 
Make a police report so you have a paper trail of you trying to get your child and get a really good lawyer…and wait until he leaves the kid with someone else then call the cops to get him from them
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If you have no court order nor any agreements on paper , he has every right to his son just as you do .
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Unfortunately if you have no legal custody plan it doesnt mean you have custody. Law says he has as much right to your son as you. You need to get an order in place right away
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If you have a dvo then your order should include the children and you should call the cops immediately and get them involved.
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You just said you left your son with your ex for a 2 weeks. How are you the “full time” care giver? (They will ask that)Why would you do that in a dispute situation? You both need to go to court and figure it our legally. Right now, there are really no in place parameters the law can favor. But even in an emergency court order. You have to prove now if you thought there was a danger why did you take your son over and leave him with him for two weeks. They will argue you obviously felt your child was safe with the father.
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This why you go through courts. While I couldn’t imagine what you are going through, he has every right to his child. Time to battle it out in courts. Hopefully you can get a quick court date
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Depending on what state you are in if you were not married and there is no court orders on custody then it could be considered kidnapping even if his name is on the birth certificate. The cops are always iffy on these issues. But they have a duty to call CPS to come out and investigate the issue and to make a report. You will need to go to the court and petition first thing in the a.m. for emergency intervention or help. He could say you abandoned your child. I don’t know what kind of family business you took two weeks for without your child but he could say you handed the child over and took off. Get all your ducks in a row and head to the courthouse in the morning not much else you can do at this time.
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I’m…either parent can have full custody till court. He can do whatever he wants. Go to lawyers
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Keep records of everything. Every single attempt. Don’t delete a single text message or voicemail. Record every phone call and the voicemails you leave. Best of luck 
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Go have the dvo amended to include your child tomorrow.
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What state is this in?? Laws on custody are very different in each state.
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Go to the court house and file for emergency custody they can grant it same day and you can then go get your son. Or trick him ask him to bring him to a McDonald’s sit down have a meal give the baby a hug and have a friend waiting in the car so you can grab the kid run to the car and get away
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Is he on the birth certificate? If so, if there’s no court order, you don’t have 100% custody. Also, don’t say “my son” like some guy from down the street just has your kid, it’s his child too.
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Sounds like you need to call the cops for help, child services maybe too, and get to court asap to establish some sort of court ordered visitation schedule so this cant legally happen again.
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If he is not on the birth certificate you can file kidnapping charges and I would file for sole custody with the court right now and a TRO on him that way they have to get you into the court within 14days that’s the law with a TRO and if he is on the birth certificate file for child support with the attorney general’s office they have to establish custody with child support and I would still try and file a TRO
I wish every mother commenting something negative in support of this father having kept this child from their mother would experience the exact same thing 
y’all deserve it
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Both parents have 50/50 custody until a court order states otherwise. You both have equal rights to your child. He doesn’t legally have to give him back. All you can do is go file paperwork at the courthouse for custody and hope they will expedite your case. The fact that you aren’t married or weren’t doesn’t matter, both parents are equally important.
I know I’m TN if you’ve never been married or been to court you’re automatically the full custodial parent and cops can and will retrieve that child from
The father as it’s technically considered kidnapping as he is not a custodial parent. It changes if you were married though
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If u don’t have a court order yet he has just as much rights as u do and cops won’t make him give him to u ur gonna have to take him to court
Wow. So I’m guessing all you ones that are saying he has the right and there is nothing she can do about it…you would be totally fine if this happened to you? Don’t think so! He has no right keeping the child from his mother. Just like no mother can keep a father from there child.
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Sounds like y’all need a Guardian Ad Litem
if there is no parenting plan you do not have full custody you messed up this is the thing I’m always wanting people about go get a lawyer go to court now. It’s going to be a hard battle because possession is nine-tenths of the law
You say you dont have a custody agreement yet you also have 100% custody? Sounds fishy
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And even with orders from the court if he keeps your son and you call the cops they can try and scare him but it’s a civil matter and they cant do anything you have to take him back to court if he does this file a report with the police and then go file a complaint with the court and do it everyday he refuses to give you your kid on the days the court has ordered you keep and track everything for court
Also wait for him to leave for work have ur birthcertificate in hand call the law while he isnt with child and police have to give him to u
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You don’t “have full custody” if you’ve never been to court. If you are both on the birth certificate then you both have equal rights. He was good enough to keep him for two weeks while you were gone, maybe he’s good enough to have custody and you can have weekend visitations. Moms seem to think they have automatically more rights to the child.
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In GA the only person that legally stop a parent from taking the child is the other parent. That is provided there is no custody agreement. Once the dad goes to work or wherever and leaves child with anyone else, you can get him. I would contact a lawyer and get a custody agreement as soon as possible. Good luck.
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I have gone thur this 2 times and still am going thur this and I am not sure where you live so I could be wrong for your state but this is for texas
Without a court order you and his father have equal rights. He doesnt have to hand him over.
Call the cops and an attorney
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If you have custody awarded by the court until a court date, then cops should remove him from their care and place them back with you. If you don’t have that, then you just have to wait for the court date. But if you already had the cops involved, there’s nothing more you can do until a court date happens or the cops tell you otherwise
Neither of you have coustdy of the child untill you go to court. The law wont get involved, Its a civil matter, thebonly way you will have 100% coustdy is if you have been taken to court and been told by a judge that you have custody
I think people are forgetting this varies from state to state. She really needs to contact someone knowledgeable in her state. In my Massachusetts, if the parents have not been married the mother automatically has physical custody unless disputed in court. The father taking the child could be considered kidnapping. This is a situation that I experienced when my ex tried to take my child.
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File in court immediately.
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Family business where the child can’t go for TWO week?! 
id never leave my child for that long no matter the reason. That’s his son too. Maybe he thinks it for the best since you can just up and leave for so long. I don’t blame him.
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Call the police. He’ll be back in your care in 24-48 hours. Unless you’re proven unfit. Theres no reason for a child to be taken from its mother. Period! However, since your work requires away time so lengthy, consider making an arrangements with a mediator so BOTH of you can have access to your son! Goodluck.
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Please do not listen to anyone on here go to a lawyer NOW only they can tell you what you can for sure do in your state!
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I’m so sorry. Get to the courts or lawyer ASAP know the law in your state. I’m glad you work this will cost you money and will take time. I’ll keep you in my prayers 
If there’s no custody agreement through the courts than the parent who has physical custody of the child at the time technically has custody and doesn’t have to give the child back. Cops will tell you it’s a civil matter and you will have to go to family court and until a judge says otherwise he can legally keep the child unless said child is in danger or being neglected in which case you can call child services for a welfare check
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It depends on what state you resident in. Michigan & Tennesse I know for sure that if your child is born out of wedlock, the mother has 100% custody until paternal rights are establish by petitioning the court. Therefore, if the father doesn’t return the child to the mother upon request within 24 hours, the mother can file “kidnapping” charges. Now, this is what I know NOT what I agree with or believe in. There is a loop hole for a father but I won’t go into all that although I am in favor of the father being just as important as the mother & it should be 50/50 parental rights at birth. But the law is the law! It is what it is!! Good luck to you all. I hope you both have the childs best interest at heart & can co-parent together w/o further distress on the child.
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Go to court. Your only chance. Cops can’t do anything for civil matters