My ex will not give me my son back: Please help!

Wait until his at work go get your kid, and if his gf don’t give him tto you, call cops and tell them she has kidnapped your child .

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I’ve been through similar. Unfortunately since there is no custody agreement in place as of now he is just as much untitled to having your son as you are. Best advice is if he attends school or daycare you can pick him up and there is nothing they can do about it. I’d also get a lawyer and get a set custody agreement in place. Keep a journal and write dates, keep texts if you have any. The more evidence you have against him that he’s kept your son from you the better courts do not like seeing one parent keeping the child from another!! Best of luck to you mama!!

I know in my state without a custody agreement either parent is allowed to keep the child. You would need to call the police and all they can do is go there and ask him to give him back. If he says no, it’s no until you go to court unfortunately.

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If he is on the birth certificate and you two have not established custody through the courts than you do NOT have 100% custody. You both have equal rights. With that said, even if he is NOT in the birth certificate the cops will do nothing about it because it’s a civil matter. Also, just a heads up, if and when you do get a court order and he decides to keep your son, the cops won’t do anything about it then either. The only thing you can do at that point is file contempt of court charges which will cost you thousands of dollars. I know all of this from first hand experience and went through everything I spoke of with my kids dad. Good luck!

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The State of Idaho says that if no paternity has been established by the father, by either signing the affidavit and putting him on the birth certificate or by a paternity test acknowledged by the courts, then the mother automatically has sole custody until the court decides otherwise. If he signed the affidavit and was put on the birth certificate then it is considered shared custody. But it doesn’t mean he has sole custody, he does have to give the child back. Call your local PD and ask them to escort you to get your child. Otherwise, go to court first thing tomorrow. And like others have said, many states consider the mother as primary custodian if no court order is in place, which also means the police can escort you to get your child.

Idk where you live and laws differ but…You aren’t the sole caretaker(not carer) for your son if you don’t have a court order and you left him for 2 weeks, you don’t have 100% custody, if you did you could just go to the police and they would make him return your son.

Unfortunately, you have to go to court. I don’t think the fact that you left him for 2 weeks, regardless of the reason is going to help your case. You can’t say he’s unfit or anything like that because you left him in his sole custody for 2 weeks. I would get an attorney and file for emergency custody and hope that works.

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It must have gone through court for you to have a DVO order? Talk to the police, you can prove your child gets mail to your address, and bank statements of supermarket shops, get all proof you take care of him in all areas, and get a lawyer real quick, also go womans refuge as they will help you with all the legal stuff, not sure where you’re from tho so may differ

You have custody by default. If dad has never petitioned the court for his rights he doesn’t have any unless you’re married. Cops should force them to return

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Go through a lawyer and get it established through court. If he leaves his son with a babysitter to work, you can go retrieve the child from them though I do believe. Call the non emergency police line and figure out your legal options until you’re able to go through the courts so you two can get a custody agreement

You need to call the magistrate of your county to find out how to proceed

Don’t call the cops they can’t do anything about it you’ll have to call the sheriff’s office.

Go there and call the cops, easy.

Get a lawyer asap, and go to court asap. And get your son back.

If you live in Ohio, just call the coos and ask them to meet you there and he has to give him back.

It’s BOTH of your kid not just yours ffs

That’s BOTH of yours child, not just yours. A father is a father just as much as you are a mother. Unless u have court documents, he doesn’t have to hand him over, u have to get courts involved. Laws may also be different state by state

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Depends on the state…for example in Illinois you would have full custody and he would have to return him. In Florida or Indiana the police would basically tell you to kick sand…whoever has the kid has custody and they can’t do anything. We unfortunately can’t give you any advice without more details

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Go to the police now! They may help you take him back, it’s worth a shot.

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You both have equal custody until there IS a court ordered arrangement. He doesn’t have to hand him to you nor would you have to hand him off to him .

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Go to Courthouse and file emergency custody tomorrow. Do NOT tell him you’re going to do it. Don’t tell him anything! If you have proof or documents showing you’re sole provider or he’s not been around much until now, take it. Take everything you can as proof of his absence, excuses, including texts, etc. They’ll be able to tell you more of what you need to do. But DO NOT tell anyone that may get it back to him. You don’t want him having a heads-up.

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Take him to court ASAP!!! As of right now (depending on what state your in) since their is no agreement he has just as much rights as you! So take him to court and prove him unfit and that your child belongs home with you! I’m not going to judge you for leaving for 2 weeks I just got back from being gone for 2 weeks myself, I spent time with my man/child’s father while he was working in NY. Just take him to court and go from there. I’m sorry you have to go through this. I couldn’t imagine. :sob:

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Call police officer and go get your son!!!

Depending where you live unless theres a court order hes not legally obligated to give him back. He has just as much rights as you do. And the court will look at you since you left him for two weeks… it sucks but go file for emergency custody If you want your son back

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From what my lawyer told me if both parents are on the BC you both have equal custody until a court determined otherwise. So he technically is within his rights to not give him back. Just as much as you’re the mother, he is the father. He belongs to both of you, not just you.

Why are you wasting time asking strangers on Facebook instead of contacting the police?

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The cops will not remove a child from either PARENT, that being said, when you know ur son is there alone with grandpa or grandma or the gf, go get ur son! If they will not give him to you, the police will take him from them. Only the dad can keep him. I’m rlly sorry ur gng thru this I have bn in ur shoes!

It’s whoever had child til co is set , maybe it just depends on the state I know in my it’s whoever has child in possession with no order doesn’t have to give them back til it goes to court

In Tennessee if the couple is not married the father has zero legal rights until he establishes rights with the court, EVEN IF his name is on the birth certificate.

I live in Indiana. This happen to me in 2008. Until theres a court order who ever has the child has custody. What you have to do is kidnap your own child back. When he goes to work whoever he leaves him with call the cops n have them meet u there. Have the birth certificate, pictures ans their favorite toy. I had to wait almost 2 weeks to do it so he wouldnt suspect it. His mom was pissed but she had to give him to me with his father not there

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Depending on your state’s laws, if yall aren’t married and your in a “mother’s state” he has no legal rights to your child and by law has to give him back. At least that’s how it is here in arkansas. Police should enforce it. Like I said, depends on the state you’re in.

The Domestic Violence Order needs to be updated. In the meantime contact the police & your DV advocate (if needed ) to get you son back.
Good Luck, these kind of guys can really manipulate to get what they want. Don’t fall for his nonsense.

In my own experience even when I had court orders and child living with me the ex husband refused to return him. As Victorian police would not return him. I was advised to seek a child return order through the courts which I could not afford. Needless to say it ended up full trial in court. And after the 2.3years it took to get a date in court. The magistrate said too much time had passed living with the other parent they didn’t want to uproot the child despite the child’s strong wishes to return to me.

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You can file an emergency PO against him for your son soon a he is served get ur kid and file for custody. When I was in NC for a month with my daughter her dad took her and kept her away from me and that’s what u had to do. We r from a alaska and had a custody order up here but it isnt valid in a different state.

Why in the HELL would you leave your kid with your ex boyfriend? For 2 weeks? Family business is not a good enough reason. It’s your FAMILY. :woman_facepalming: He is not something you “collect”.

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I would contact a lawyer or someone with the knowledge of this matter in your state. What he is doing ain’t right. But I also see he is his child too but hes yours too. A child needs both maybe work out a custody plan together if he’s willing. Without involving the courts.

How do you have 100% custody with no custody agreements?

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This happened to a friend of mine. She didn’t see her son for months & the police wouldn’t do a thing because its a civil matter. She had to wait for a court date. & then they gave him custody.

Go to court, explain the situation and try to get an order for police to retrieve the child

The police will NOT do anything, hire an attorney and you will have your day in court. Both parents have rights to the child! The child is no more yours than his. Maybe if you wasn’t being controlling with the child you would have “collected” as you said. Dads have rights too!

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If you do not have a custody arrangement then you don’t have 100% custody. He has as much right to keep the child as you do, in some states. You better lawyer up and start fighting. At this point he could literally keep him forever and because you do not have a parenting plan in place you can’t and the cops won’t do anything. Get a lawyer tomorrow and have them file an emergency custody order.

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Uhm, call the cops. Dah…

How do you have full custody if you have never been to court? You need to call the copes if they are refusing and go to court and file for full custody.

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You don’t have 100% custody of a child until you ha e a court order and since you don’t have any… then legally the father can keep him because he has physical possession of the child and the law won’t do anything

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This confuses me either you have custody or don’t it can’t be both ways. You can call your local sheriff’s dept and they can tell you your rights depending on your situation and state.

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If theres no court order how do you have 100% custody

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Each state has different laws , depends where you are from .

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You need to figure out your story. You said you have no custody agreement…then said you have 100% custody. If there is not agreement there is nothing you can do without a court order. If you do have custody then he is kidnapping.

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In most states a person can file abandonment charges if a child is left with them for 14 days

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Don’t eat anything but rice and beans and work 3 jobs to pay for a lawyer.

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Is the father on the birth certificate? If so then it’s automatic joint custody. Get a lawyer and fight it because it’s called a parental alienation. Just know that if the child is in the care of anyone other than the father you legal can get him. So say he leaves the baby with a step mom or grandma or babysitter then you get the cops and get the kid. They legally can’t keep him but if the father shows up then it can get ugly. J’s

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If you and your child’s father agreed that he would keep them KNOWING you would be away for 2 weeks and would be returning, then there’s not an issue of abandonment, especially if it was agreed upon beforehand that the child would be staying with him while you were away. However, if you’ve never been to court and there’s not a custody agreement, he has as much right as you do (if he’s listed as the father on the birth certificate) to keep the child until there is a child custody agreement made in court. You’ll just have to hope you get a court date soon.

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I’m confused as to why you even left the kid with him for two weeks when you’ve had previous issues with him and his family…

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If you have full custody this is kidnapping. You can call the police and they will get your baby back.

If you have custody call cops if not then file papers at court house

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Depends on the state!!

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You need to let the courts and cops handle it. Its different in every state.

He doesn’t have to if there aren’t any legal papers signed this so you better get the paperwork started

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You have only what the father agrees to till you get other people like the law and lawyers and social workers

When this happened to me the cops always told me that it was a civil case and would needed to be handled in court. So they would not go get my son for me. It was all handled but we had to get lawyers and go to court.

Could try to do an emergency temp custody to get your son back

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If there no court order, never ever leave your child with him

My first husband did that to me, it took a year to get him back

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If your in Texas, that’s allowed . You could have done it to him until an order was established.

In most states if you’re not married you have sole custody from minute one! And it doesn’t matter if he is on birth certificate … just look it up for your state

This myth that moms automatically have full custody until court really screws people over. No, you dont. In many states cops wont even get involved without a court order (and even then sometimes they dont). You need to go to court.

I’m partial to kicking the fucking door in. God himself couldn’t stand between me and my child.

! I would talk to a lawyer fast… I mean I tried getting my daughter from my ex with the cops ( I live in PA) and they wouldn’t do anything bc he was on the birth certificate…get legal advice and with no custody papers you both have a right to your kid.

If you have nothing in place he has just as much rights as you! Good luck on that one

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I hope he grows up an thinks about the child an not hisself because it’s about the child not him or you. he needs both mom an dad in his life if his daddy keeps him away from you your son well grow up to hate his father for that also because it’s not up to him to keep you away from you’re guys son but I do pray you get to have 50% with your boy because they need there momma just as much as they do there own daddy.

No you do not have 100% custody you just said there wasn’t a court order… just because your the mother doesn’t make the Fathers a second class citizens. If you want your son back then you can go to court to get joint custody. If he is on the birth certificate then he can keep the baby until then. You and your Ex need to be parents first not enemies. IMO. :woman_facepalming::woman_shrugging:

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Court is the only way :frowning: i delt with this and it took me 3 grand and 4 months before i could see him.

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Have you tried contacting the police?

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If there aren’t any custody arrangements, how can you legally have 100% custody?

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Wellllll by law you do not have full custody unfortunately BY LAW possession is nine tenths of the law. Literally… Also. If you left the child willing in the care of the child’s father and were gone for two weeks he could simply say you willingly abandoned your child. …

You should get a lawyer asap

Go get an court urgent court order tomorrow!

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Technically no one has custody until court. The cops can’t do anything either. Go do the papers asap

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You will have to go to family court

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Get yourself lawyer and go to family court because what I was told the police don’t do family matters they only do crime

If you have sole custody contact the police and they will go get him.

It’s impossible to give advice not knowing where the writer is. Laws are different in different countries and states. Also, is the “ex” her ex-husband or ex-boyfriend? Not enough info provided.

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If his names on birth certificate there’s not much u can do except court

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You say you have 100% custody, but there arent custody agreements in place? If you did actually have 100% custody the cops would have your son home already. You need to go to court and get a parenting plan and custody arrangements drawn up cause as it stands, he has just as many rights to the child as you do.

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If he physically has your son he has custody. He could go down and get residential custody if he chose. You may file residential but you have to prove your son has lived with you for six or more months

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Police wont do anything more than a welfare check. You will need to apply to the courts…

He is the Dad and has just as many rights as you do. If you want to establish a custody agreement, you need to file one. Unfortunately there is nothing you can do until you see a Judge. On a positive note, you wouldn’t have left him in a dangerous environment so I’m sure he’s being taken care of. Good luck! Hopefully you both can coparent civilly for your son’s sake.

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If you don’t have a court order then you DON’T have “100% full custody” :rofl: I can’t stand women who think they have more rights cuz they’re mom. You don’t. Go to court and file for custody.

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You have to go to court. Quickly. Go to Legal Aid if you have to. Document everything.

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Go to family court in the morning and apply for an emergency hearing in front of the judge. Not much can be done unfortunately.

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Call the sheriff go get a court order

It all depends on if his name is on the birth certificate. If it is… Cops will do nothing. You’ll have to resolve it in court. If it’s not… Cops will retrieve your child for you.

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Not sure we’re u are but the courts have emergency hearings, here in VA is a pendente lite hearing. It has to bed heard within 5-7 days. It’s temporary relief till a full hearing can be held.

No matter the laws or what state, you are his mother and he has to give you your child back.

Unless you have any prior evidence of abuse…or domestic assault, the police will and honestly shouldn’t do anything except advise you to get an attorney. It’s civil. If it was the police/sheriff’s responsibility… this is all they would ever have time to do :pensive:

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Your ex who committed domestic violence against you was entrusted with your child? And for two whole weeks?

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Law should make them give him back being y’all weren’t married

Get a lawyer immediately. Then go after him hard! What a pos! He did this to hurt you. You have proof of your business trip. He’s playing dirty. So go after him. Hate this, wish you well.

Call your local police departmemt for parental interference. My x baby daddy and his parents tried. But when the cops got involved I got her back that night. Then got a lawyer the next day.

Most states if a child was born out of wedlock the mother has sole physical custody. There should of been an affidavit of parentage signed stating that.

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Then go get him, as theres No court orders, you can take.him anytime

Call the cops, it’s kidnapping.