My ex will not give me our son back

Emergency motion asap get a lawyer

Call the cops pretty simple

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Call the sheriff, cps and get a lawyer asap. Figure out anyway to get your kid back and don’t let him go back until a parenting plan is in effect.

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I would tell the cops we don’t know if he dad or not we need dna test I’m his mom and on birth certificate he is not …
Not the daddy till we go to court then I would be like I don’t know if he is the dad play dumb

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Physically go and get your son

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Pull up and make a scene until he 1 gives you your son 2 calls the cops himself and you can explain the situation when they show up :woman_shrugging:

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Get an emergency order, ask for a protection of removal order which will prevent him from taking him again until custody and paternity is established. Restraining order to start because he violated agreement you had and before order. You will be granted the restraining order and in that order you will request him the return the child and prevent it from happening again. You can also request how you want custody and visitation to go in the same order and same time. Good luck :crossed_fingers: restraining order is the best and fastest way to get things rolling and set.

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Um, That’s called kidnapping, when he’s not on the bc, and there is no court order :face_with_raised_eyebrow: I’d press charges

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You should have been able to file for kidnapping. That’s ridiculous. I would be scooping out all their regular spots and get my son back. I am so sorry. That was a fear of mine. Still is for my daughter. Def get an attorney and show how RECKLESS that was of him and unstable for the child. :cry:

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She’s already called the police. She stated that.

You need to get a lawyer and go to court

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Happened to me. You need to hire a lawyer

A person only needs to know ur child 2 weeks to fight u for custody or residency I know this is wrong and sad and I wish u all the best my ex did this to me too but I won in court and got my boy back but the judges words were ur next door neighbour can take u to court for ur kids

Uuummm CALL THE POLICE!

Yes, unfortunately you will have to get an attorney & have some paperwork filed. They should ABSOLUTELY be able to get an emergency order. I hope you have an idea of where they are that way he can be served immediately without a problem bc otherwise you will have to track him down to have him served. Do not let on that you are doing any of this. But YES get an attorney immediately!!! If you can’t afford one call your local legal aid office. They can help you.

Go there and take him or pick him up from school depending on his age. Yes the father has rights. So do you. Go get him and if the dad calls the cops let him. He is not on berth cert and there is no court order. Do not warn him. And try to do it in a way where he can’t lock you out when your boy has seen you cos if he crying for his mama and u can’t get him, ittl be the end of your rationality and then he’ll use it against you.

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Go there and take your son honey…let that crazy out of you!! No one takes your baby!!

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Since he has been in your sons life since he was born he has rights. Even grandparents do if they have been in the child’s life since birth. Since he isn’t on the birth certificate he isn’t supposed to be able to keep him from you but there are loopholes to which he can. He can even hold him right in front of you with a cop there and the cop can’t do anything to force him to give him back (been there and done it). I would do what they said and get a lawyer asap.

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The same thing happened to me my son never met his dad until after he was three and then one day his dad got really pissed off and accused me of ridiculous crap and decided to keep him from me for 16 days I filed for emergency custody and went in front of a judge in three days. Because I had worked with him and he was not on the birth certificate and he did not know him and he had no legal rights to him the judge told him he had to return him and if he ever did it again he would face charges you don’t need a lawyer to file for emergency custody

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Just rem everything you say and do will be looked at so file for emergency custody and document you asking for him back daily! Believe me karma sucks.

Not on the birth certificate just call the police and get him done for kidnapping

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Can’t you just go to the house and get him? Take someone with you as a witness be extremely calm although I know that’s hard and take him back :kissing_heart:

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I’m so sorry your going thru this even willing to meet his requirements and agreeing with them he’s still keeping you from the child he has no legal rights over and as for authorities not doing anything about it is just … scary …

If he is the Father, He has rights too. Same ones in fact that you do. Kids need a dad as well as a mom. Sorry he is keeping your child from you, but with way you talk about his rights, after admiting he is the dad, isn’t right.

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I am so sorry to hear this but you gave him the rights to play Daddy by leaving your child with him for 2 days at the time. And why is he not on the birth certificate?

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The police can’t do anything. I’m sorry, but they can’t. Why? Because there’s no court order in place. My BD tried threatening to keep my son from me and when I called police, they told me unless there’s a court order in place, they can’t make one parent hand over the child to the other. You need a lawyer, you need a court ordered custody agreement so that law enforcement CAN help you.

have him arrested for kidnapping

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Get it all into the legal system now, or you’ll regret it like I have. As awesome as it was to think that you could do it without a middle man, you don’t realize how impossible it will come!

My advice:
Go to court immediately and file for temporary emergency placement with you, stating that he’s keeping your son from you. If the court sees no reason why he should be kept from you, the order will be granted BASED ON the fact that Dad’s decision is harming the child. The order will likely stand (with reasonable visitations with Dad) until a formal agreement is ruled upon legally.

I’m going through the SAME THING with two of my three kids.

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What a nightmare experience . You don’t say how old your son is . This sounds like kidnapping to me . Since he has no legal document verifying he us even the father he has no right to keep your son from you . Hope you get some help real soon . It is scary that you don’t seem to know thus guys where snouts or address . Praying for you that it will work out to where your son is returned to you. for the time being .:pray::mending_heart::heart:

Call the police make them go with u as witness get ur son back get a lawyer…don’t put that son of a b!tch on the certificate…

It’s custodial interference. He legally has no rights. Go get your child.

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Ambush him. I’ve seen this. You have a right to him. So stay hidden near his truck. When they come out grab your son and go.

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Or get and emergency injunction for emergency custody

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Cps. Call your local cps.

In the USA? You can file an emergency temporary custody order with the domestic relations court. This is a same day hearing with judge. The police will enforce him to return the child. This way, the child can remain with you while paternity and parenting time can be hashed out in court.

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Tell them what’s going on and ask for help.

Whoever has physical custody is allowed to keep the child. He’s also served you to establish paternity. You definitely need a lawyer. Call legal aid in your county if you can’t afford one. If you pick your son up from school or you find out he’s at someone else’s house you can call the police to her him then. Then do not let him go back. Let the courts decide. It’s a cruel tactic but it’s allowable. I’m sorry.

Feel so bad 4 u n baby momma sending air hugz and lots of Prayers n the best advice is go 4 a 24hr hearing thru court

Immediately go to your local court house and file for emergency placement.

Then get a lawyer

Get an attorney asap

Unfortunately if they’re are no order’s in place you’re going to need an attorney… That’s why it’s essential to have mediation and do a parenting plan before making commitments like this. Police don’t have papers to go by and DHS won’t get involved unless there are previous intervention orders against him covering the kids ( they’re safety) call legal aid ASAP and get some advice on Family Law etc

Go to his house, call the police and take them with you and get him back

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This happened to a friend of mine (Michigan) she called the cops and had to provide a birth certificate before they would intercede, that is kidnapping if he truly isn’t on the birth certificate. Call the cops !

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Can you tell them that he took him and you have no court ordered shared custody order and paternity hasn’t even been established yet?

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If he works and leaves the child with someone go get him while he is at work because noone has more rights to the child than mom and dad if not you will have to file emergency custody do it before he does it took me 3 weeks to get my daughter back

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I’m so sorry. My ex’s family kept my daughter from me for a month. I have 2 kids with him and they choose to keep my daughter. I was told nothing could be done. Finally got a lawyer and she said I needed to wait until a judge said I could get her back. I did all the steps but since paternity or court case wasn’t open I could do nothing because “father has rights to their child” which I agree with but when it come to manipulation then no not ok

You need a lawyer / attorney cause they will file any and all paper work necessary to get your child back. he served you first - that looks really bad. You want your baby back, at this point it needs to be through the courts regardless of whether he is legally and provable to be the parent or not. You left your child in the care and guardianship of this person and have claimed he is the parent of said child regardless of physical legal documentation. It’s not technically kidnapping.

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File an ex parte order, that puts your paperwork right in front of a judge. Also might have to do some sneaky shit to get him back. I never followed the laws to well when it comes to mine. My son was snatched out my doorway by his father n police couldn’t do nothing. Okay. So when I snatched my son back, guess what. Police couldn’t do nothing to me either. I learned how to play “the game” with the police. Take whatever information they give u n remember that when u do what the other parent did.

You must be in Florida :pensive: I’m so sorry mama. I am dealing with horrendous custody issues in Florida and all I can tell you is get a lawyer and get him asap. Like today be a that lawyer will call the authorities and get you your baby back immediately, also call the police to your home and then get a copy of the report and hang into it, you will need it later in custody court. Call legal aide if you can’t afford an attorney bc they are damn expensive. May I ask what county you’re in?

Look up the laws for your state! If dad isn’t on the birth certificate (in most states I actually don’t know if state that this wouldn’t apply in) he has NO LEGAL rights to the child. Regardless of how many times you let him go with his dad. Legally the cops would have to make him give you the child back. The father has to establish proof of paternity & then he has legal rights. Up until that proof is established he doesn’t have any kind of paternity rights. He is also denying you your maternity rights. I agree with most in the comments. From what your saying you have never kept your child from him. If you retain a good lawyer the judge set his ass on fire in court for his actions. It’s crazy bc you have bitter bms out here keeping the child from the dad for stupid reasons. Every now and then you come across a good mom who doesn’t keep her child from the dad. Then dad does this bullshit. Nay nay!

What do you want fb to do? Call the cops its kidnapping simple as that

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Go file a petition for emergency custody. Then the father has to give him back to you. He won’t have a choice.

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Uhhhhhh that IS in fact, kidnapping. No court ordered shared custody documents, no rights as he’s not on the birth certificate, like no dude. Go in and raise hell.

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You don’t need an attorney. Save your money and use the court facilitator. They will help you with all the paperwork and questions you have. File ex parte and get your boy bk. Being served is easy. All you have to do is respond. You and your boy will be ok. This is just a hiccup :heartpulse:

Sadly everyone thinks cause the dad not on the bc they can use that to hold the baby. In nj my son dad did this. And they told me if I acknowledged paternity then be can keep him until the test came back and visitation hearing. I literally committed perjury by the telling the judge he was a crazy ex ND knew I was pregnant before we met. Thankfully him and I both grew up nd didn’t go back to court. Cause boy that was stupid but I felt it was all I could do.

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Without an attorney, you can file your own papers, no one will be involved until the child is deemed by the courts to be with someone

Does your son go to school if he goes you can pick him up from there but if this man has no right to him call the call it’s kidnapping until paternity is established

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What many people do NOT realize is when a child is born if neither parent goes to get custody & then a break up happens and one or the other parent takes the child there is really nothing either parent can do. A child is born to no custody parents so custody needs to be established and therefore until then things like this can happen

Call 911 and say he was kidnapped

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What state are you in? Each state is different in what their laws are. Alot of them state that the unwed mother has sole custody by default until paternity and custody order is written. So check to see what your state law is for custody of unwed mothers.
Then does your child go to school? Your ex has to go to work, right? When he is at school or ex is at work go pick your child up. Even if your state law gives him equal rights. It does not give anyone else the right to keep your child from you. Be sure to have the birth certificate with you. I would also go to his pediatrician and get a statement from them that you have been the only parent to ever bring him in to see Dr. And that according to their records he resides at your address.
Also do what the others have suggested- file emergency custody thru courts, get an attorney. Call police to conduct a welfare check. If the police tell you that child was there with someone other than dad go get him.
Be sure to keep record of every time you have called and tried to make contact.

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Go to the police department and file kidnapping charges, go to the courts and file for emergency custody, and protective order. Call legal aid if you cannot afford an attorney and tell them the situation. If you are tribal contact the tribal and tell them what is going on and tell them he has not allowed you to see, or talk to your child. This is kidnapping (parental) because he is not on the birth certificate, and he is just going by your word that its his kid. Stop crying on facebook and get off your butt and stand up for yourself and your child. make yourself a squeaky wheel at the police/sheriff department until they do something, get ahold of dhs again and tell them he has kept your child from you, your not even sure if they are still in the state, you are concerned your child may be hurt and if they dont investigate you will be contacting the attorney general. Call the tv stations, radio stations, anyone to get someone to do something, but the last thing you need to do is get on facebook and ask everyone their opinion on something you should be doing when its your child and if it was mine I would make peoples lives a living hell if they tried keeping him away from me. Get busy because the weekend is coming up and they wont do crap on the weekends…

If he’s not on the birth certificate then cops would go with you to get him. The visitation schedule you guys had is horrible, the poor kids barely even has time to adjust to the house before he’s packed up and moved again. Not healthy or stable so I completely understand why he wants that changed. I’m wondering what happened to cause him to go this route. We’re you guys fighting about something? Are you threatening to stop visitation because he’s not on the birth certificate? I know you sed your fine with him establishing paternity but if he thinks he needs to do it this way it tells a different story and a judge will also see it is not exactly how your telling it. There is no state that I know of that wouldn’t consider this kidnapping so I believe your leaving important information out.

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If your in texas they what they called a writ attachment I had to do that for my kids to get them from thier step mom due to thier dad going to prison few days prior but had to have a lawyer to do it tho

Quit wasting time and get a lawyer then.

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It isn’t kidnapped until he leaves the state with the child. This is considered parental interference. Which is a felony. Unfortunately, there isn’t anything anyone could do until you go to court.

Go to the clerks office
Talk to the child support people there.if u haven’t spoken with your son fileca missing person report or an endangered child report

File emergency custody, get in front of the judge asap, then the cops can go with you to get him.

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Tell them you’re not even sure that’s his biological father, that you are in the process of establishing paternity and your child has been kidnapped. If his name is not on any legal documents then he has kidnapped your child

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This is why I stress to every woman get emergency custody or a written court custody n visitation rights cause he can dissappear w child… dont matter hes not on birth certificate GET A LAWYER

Does LE know he isn’t on the birth certificate?

Go file emergency temporary custody. Maybe you can get him back till court hearing on custody and get set up on a visitation schedule.

I’m not sure what state you are in, but generally the court has free legal help. If there are no custody orders, unless the child is in imminent danger, either parent can withhold a child until Court. Get to Court and file your response and file for an emergency temporary order, until the hearing. If you are concerned about your child, call your local law enforcement and request that they do a welfare check and ask them to have him call you so you can speak to your child. Document everything. How old is this child?

Sorry but if any mf tried this with my kids I’d be busting through his front door getting my kid back .

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Find out when he leaves the baby with someone call the cops and take the baby

Sherriff’s office? sounds like this is in America

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He has rights you calling him the child’s father is an example of those rights it’s terribly sad my bm did this to me and I had to file with the courts to even see my child and I was on birth certificate please don’t bust down his door bc you’d lose any chance of obtaining any custody file the paper work and hande it according as a father that’s been through this it is a terrible feeling but just bc you are a mother doesn’t give you any more rights than his father that is until you go through family court and then the scale will be tipped in your favor it’s not right but that’s how it is and so many women know this I can only hope he is taken good care of your son

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Go to the court a file papers or get a lawyer to do it for you. No you else can help you. This is a legal situation and needs to be handled that way

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Procession is 9/10 of the law in most states and with out papers from a court it is a civil matter. That is why Authorities can not help you. You let the Father of the child have visitation and in the eyes of the Law it is a civil matter. You have to go to court

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Was there an update to this??

Go to the police and get a lawyer

Get a lawyer, yesterday ! call legal aid if you cannot afford one. Tell police to do welfare check until u can get to court. Emergency motion for temp custody until u can get a permanent one. Write everything down and document. Register them Children's Passport Issuance Alert Program

If not on birth certificate it sounds like kidnapping to me and law enforcement would be involved absolutely! Get er done until paternity established.

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My ex did this to me my kids are 12&13. He gets every other weekend. I haven’t seen my kids since the 2nd of Feb. He changed their phone numbers on me an has me an my side of the family blocked. He pulled them out of school an has them on virtual school he knew about appointments an didn’t taken them. Even missing therapy appointments. No one is helping me. I miss my kids so damn bad!!!