My ex will not give me our son back

Unfortunately no there isnt anything to do except take him to court. Then you have to wait for court dates etc. And if he already filed for establishing paternity and visitation then no since refiling. I would hire an attorney they would be more apt at getting you a date faster and filing proper paperwork. Make sure you keep messages etc cordial but let it be known specific dates when you dropped him when he was supposed to be back etc keep trying tell him your cool with all the court stuff you just want to see your son etc etc. Maybe he will let you see him and i would not send him back without a court order if he does give him back before court. Child custody stuff is sticky and even if things are cordial for a time they could change at any moment so its always a good idea to make arrangements thru the court for self protection and to protect your child from this exact thing. But sadly even if you had an order and he did this the cops wont make him give him back its a civil matter.

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If he is not on birth certificate he doesn’t have rights call the police and have them get him out of the house

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Ask him to do video chats if nothing else for the best interests of the child. The Judge will set a temporary schedule at the very first hearing and it will not go well for him that he is withholding the child and refusing to communicate civilly.

However, I just want to point out that mothers put father’s through this every single day. This exact situation, and nobody bats an eye. It’s not fun when the roles are reversed. Y’all have equal natural rights to your shared child. He isn’t doing anything illegal because no custody has been established. You need an attorney.

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Storm the door grab your son and run.

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If he is the father he has as many rights as you do.

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Get an attorney fast and have him file asap but this incident needs to be part of the record because it most likely will happen again. If its part of the record you can push for supervised visits when the time comes. Im sorry i hope you get him back soon

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It’s different in every state. In SC, a child born to an unwed couple belongs to the mother and the father has to file for custody & visitation. You go to dad’s and get your child. If he doesn’t cooperate, call the police. Bring the paternity papers that you have bc that proves he isn’t the father (as of yet). That is kidnapping in my state.

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It is his son too… learn to share

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Shr acknowledged he is the father that’s why no one I doing anything.

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File a kidnapping report with the local authorities and tell them that you are calling the FBI Next to report them for not taking you seriously. If this man is not on the birth certificate, he is not the father until a court order says he is. Also, sue the local authorities for damages call the news and let them know what is going on… Make noise girl

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And this is what happens when you don’t have some type of custody agreement in place. This is why I always encourage women to make sure they have something in writing, even if the relationship is amicable. It can change at any time and this will be the result. Unfortunately and legally, there isn’t much you can do. If he’s the father and suing for paternity rights then he can have physical custody of the child, and he is well within his rights. I agree with the “get a lawyer” comments. Get a good lawyer and take him to court ASAP!

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Call CPS…ask CPS to do a welfare check, explain to them the situation. They’re a govt organization, the law will have to step in at some point. At least in TX. That’s exactly how I got my eldest daughter back from the sperm donor. I also called the state police and they got involved, as well.

“He has no parental rights” that’s your first concern. Why do you feel like that? He has a right this is only your side.
It is NOT kid napping
You both have the same rights get a lawyer :woman_facepalming:

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If you don’t have actual full legal custody ( as in a legal custody order from court ) then he has the same rights as you do and you’re going to have to go to court to get a custody order which considering he clearly wants to be with his son and has made you aware he wants shared custody you can likely establish a shared custody order at that time.

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If it has not determined by DNA testing that he is the father than it is kidnapping…if the local police won’t do anything than speak to the Sargent keep going up the chain of command call the state troopers ,call the district attorney call the attorney general keep making those calls and don’t stop …get an attorney and start filing criminal charges , lawsuits on everyone that refuse to help

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What I dont think people understand is that when your child grows up with you in your home you and your child have that attachment and trust for each other. When they’re deliberately being kept away or you’re not allowed to be there… its not like they’re on a planned vacation or just visiting someone. It is not the same thing. You’re deliberately being kept from your child against your wishes. This is absolutely painful!! Get a lawyer or file on your own. But no way should your child be kept from you like this until you reach an agreement. Best wishes!! :heartpulse::heartpulse::heartpulse:

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Watch his movements. If you know where he stay show up when he takes your son somewhere and then cause a damn scene until the police are called or call them beforehand

Either one of the parents can take the child and hold until court. My kids had never been apart from me more than 2 days and he and his bitch took off for 4 months it took me to see my kids again. Good luck the system always fails us

Stop making phone calls and get boots on the ground. Go to the police station. Go to his house and call the police from his house saying he won’t return him.

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I’d be there at the door to get mine.

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In Colorado, this is not kidnapping. And it doesn’t matter if the father is on the birth certificate or not. You let your son go with him, as his father. My daughters father refused to bring her home and threatened to take her to Mexico. Police said there was nothing they could do without court orders. Go to court, and get it figured out. Sorry this going on and prayers to you and your family

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No custody is technically established unless a parent files in court

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Show up and take your child. Don’t assault anyone but go grab your baby. Bring ur daddy, brothers, cousins and friends. Just get your baby.

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If y’all don’t have a custody agreement he can legally keep him till y’all go to court even if he isn’t on the birth certificate.My cousin went through this with her kid’s father.Cops told her there is nothing they can do to get an attorney

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Call the news stations if the police won’t help you. If he’s not on the birth certificate he is kidnapping him.

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It all depends on what state you live in. You have to know your state laws… Where I live, I could call the police and he would be forced to return my child if he is not on the bc or has any legal rights. But not every state is like that.

Get a lawyer…because there is no agreement in place…

He has no right to keep your child from you. My brother did the same with his some because the mother was on drugs. The judge was LIVID! My brother lost custody because he refused access until the court date. The judge said he had no right to refuse access he should have filed for an ex parte if the child was in danger.

The cops will not be able to do anything because cases like this are considered civil not criminal, I believe. Since there is no legal agreement between the two of you , as his father, “he can legally take his child as he pleases” , and when you get your son back “you can do the same thing” . An attorney is needed so you can get things legalized as far as when and where the child should be. Once there is a legalized schedule , if he was to keep him from you THEN you can go to the police because at that point he would be violating that contact. I went though this exact same thing and that’s how we resolved it. All the best to you , I know it’s hard. :white_heart::pleading_face:

You gotta ninja your ass into that house, grab the kid, n run. Bc fuck that.

Get to the court house. Why are you waiting. Ask to go before the judge. This is a damn EMERGENCY :rage:

Wtf his name is not on the north cert.?? It’s kidnapping. Call local news station and report the cops.

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This is why I tell people don’t let the other parent has them unless there is a court order.

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Go to the school check him out early and take him home.

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I would be straight peeping in windows rn. Causing diversions. Holla if you’re in the Chicagoland area n need help planning a jail break.

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Ok what I just read is, in Texas the father has no legal rights if not on the birth certificate…BUT…if you and him have a Parental Responsibilty Agreement, even oral, (which seems like you two have) then the fatjer has the same rights as you. You gave him that option, if he wasnt there for his birth or even listed on his birth certificate then you should of never allowed your child to go with him until paternity was established by him. This happened to my niece in Oklahoma, dude denied baby whole pregnancy, wasnt there for the birth, not listed on the birth certificate, she let dad take daughter when he started seeming intrested and then BOOM, just like this, he filed for paternity and temporary custody and got it, she didnt know where her daughter was for the longest and he wouldnt return the calls, he didnt even stay at his house…now she cant even see her (by her own choices) and hasnt seen her in years.

Show up at his door with whoever you think will help you hold your ground and go get your baby.

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In the state of Indiana when not married and no paternity established then it is kidnapping in Indiana the mother is the automatic custodial parent until paternity is established so I would go straight to legal aide and call them and get an emergency order for custody you should have gotten a lawyer the minute he was refused to you the best thing you can do is go file with court for emergency custody until paternity is established

Show up at his house. Technically bc he filed first he can now hold him but he will look like shit in court for keeping him from you. Record yourself when you go there bc clearly he’s a liar and will prob make things up in court

This statement is based entirely depending on what state you live in: If you’ve acknowledged him as the father to law enforcement and there is no legal custody/visitation order, they can’t enforce anything. Do as they’ve said, hire a lawyer, keep trying to make contact, asking to speak to your son. Don’t make threats, don’t be nasty, keep it about your child. Otherwise it’ll come back to bite you. And for the love, it’s not kidnapping of you willingly let him go. Look up laws in your state regarding custody.

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I’d be through the door and taking ma son

Still his father. You both need to work it out.

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Why are you on here posting?? You should be at the getting an attorney and filing for custody? Go to the police station… Every state is different.
It’s now the 23rd, if it was me I would have been beating down doors if he was 5 mins late

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Are you telling these authorities that paternity has been established? I would start there - a man, who is not legally documented as my child’s father, is holding my son & refuses to return him to me. Telling the police that your son’s dad took him for visitation & won’t give him back is a custody issue they won’t touch - at least in my neck of the woods.

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I think many of you are missing the fact that he is literally not allowing her to speak, or see her child. He is not providing any updates on the child’s well being. She has no idea if her son is dead or alive since Feb.8th. The point is, yes he’s the father but at the end of the day he never signed the birth certificate and she is the primary caregiver for their child. They were sharing and things seemed to have been going well until dad decided he wants more than what is agreed upon and have taken action without conversing. As the mother have stated she has no problem with doing joint custody, normalized visitation schedule, and etc. Now I’m sure many of you wouldn’t want to be in this situation, so if you have any note worthy advice speak up. Otherwise pipe down with your uneducated judgment comments. It’s like you didn’t even read the message and wanted something to say so badly you missed all the facts.

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You’ll need to contact your local county office and see what the laws are in your state. Every state law is different. In Oklahoma, NCP have no legal rights if there is not paternity established. So if my ex were to take my child right now, there’s nothing I can do unless I take him to court for custody because he is biologically her dad per papers, even though he didn’t sign BC. If there are no court custody orders showing parental rights, you may not be able to fight him. The only way is to either go get your son with a police officer, or hire an attorney to establish custody. This sounds like a messy situation and I’m so sorry you have to deal with this.

In most places, the father has the same rights as you do, unless ordered by the courts. Thats why it is in your best interest to get a lawyer. When you go, and do what custody arrangements you guys plan on, make it court enforceable. That is the one thing i didnt do, which i am now having to do. I have sole custody of my children, and gave him visitation. But unknown to me, he can take my kids when ever he likes because the court order is not enforced. Also, keep any and all text and recorded phone call between you two, as documentation that he has kept your son from seeing you.

Figure out when they’ll be in a public place and walk up to him and take your son back just like the authorities are saying they can do nothing to help you they shouldn’t help him either. Idk where you live but what he did should be kidnapping.

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If he’s LEGIMATELY THE FATHER. It shouldn’t be considered kidnapping unless he were dangerous!!
Father’s have rights as well.

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You get that attorney yet? After law enforcement told you to get an attorney, that should have been your next step, not asking the internet what you should do. Times ticking and you’re just giving him more of it so he can plan his next move. Also, I don’t know how old the child is, but that seems like an awful lot of juggling around, every two days. Hardly seems like enough time for the child to get his bearings in one place before he has to pack up and move around again.

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You can call the police to get your child back if there is no custody agreement by the courts.
Since he hasn’t established paternity he doesn’t have parental rights yet. The mother automatically gets parental rights solely until paternity is established.
Go get your child.
Keep calling the police until you find someone that will intervene.

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Unfortunately if there’s no court orders he doesn’t have to give your child back and there’s nothing you can do about it besides go to court immediately and file for custody.

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Him NOT being on the birth certificate and filing for paternity DOESN’T give him any right until that is determined and its gone thru the courts… until then, get an attorney and file for emergency custody (to get something in legal writing/establishing proof) bc this is mental abuse to the child.

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If you have a written order of visitation schedule- call police to enforce it.

Take it to court he will never see your son again

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Why are you posting this instead of having him arrested ? If he’s not on birth certificate , he has kidnapped your child !

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Call the police and your lawyer.

Go to the Court house and file for an emergency pick up order , you can file this yourself .
Since Paternity has not yet been established and you were not married , he has no legal rights to your child until he establishes paternity.
The Sheriff’s department will not get involved as they see this as a civil matter.

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No ma’am, if he is keeping your child from you intentionally and not even allowing you to speak to him, you don’t agree with anything he wants!

Get an attorney and go to court. I don’t believe he can take him from you. But if police and other authorities won’t do anything about it you may have to go over there and physically get him.

Call and see if you can get a low income attorney if needed. Not sure what state you are in though

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Your verbally telling the police that your sons FATHER wont give him back. Thats not kidnapping when you put it out like that.

File an emergency motion for a hearing. You are usually in court within 48hrs.

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An attorney can get it in front of a judge the same day - I’ve been through this myself , and it won’t look good on the father when he does get in court by keeping the child from the other parent . Especially seeing you were coparenting and following a schedule even when it wasn’t court ordered . Retain a lawyer ASAP & get your child back !!!

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It’s an issue that you aren’t being updated or able to contact your child. It’s an issue that he has caused by not following your agreement.

however.

I feel like there is way more to the story than what’s being said, especially with the police not doing anything. You were “allowing” him to see HIS child. Girl no man should need to get permission to see his child. Unless he’s a complete abusive narcissistic asshole, he felt he needed to get papers served to you and go through legal actions to be able to get visitation. He has been keeping your child from you for a couple weeks with no contact, which is totally wrong but it almost seems like for him to take these actions that you’ve been holding him from his child much longer regardless of 2 days on 2 days off.

He is wrong for keeping your child from you. It’s causing more stress for that child than it is for both of you.

Like I said something isn’t adding up though.

Go to the magistrate office, file an emergency pick up order and a court date like for tomorrow.

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Legally speaking, because he has no legal ties to your child, it is kidnapping. Call the police and have them escort you to get your son. If he refuses press charges for kidnapping.

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I went through this almost 2 years ago in mn. Unfortunately if you live in MN you’ll have to get a lawyer and take him to court because cops won’t do anything without a court order. My lawyer was absolutely baffled when the cops wouldn’t do anything. Took me a month or two to get a court date and the judge told him he needed to give him back to me.

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Yal read the whole post damn. She do e went to the cops so obviously he has rights in that state… .

All you can really do is ask law enforcement to do a “wellness check” at this point.

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Your child has the same rights to his father as he does to you. I don’t blame the dad for doing what he has done so that you can’t keep him away. He’s not on the birth certificate, he should be. So he is doing what needs to be done so that he can officially be there for his child and you can’t keep saying he has no legal rights. He is that child’s parent and it needs to be officially established.
Get your attorney but don’t keep your child from his father. Get equal custody and don’t even fight about child support. If y’all spend equal time together with your child it shouldn’t be an issue. Just let the child has his father and his mother equally and stop acting like you control your child’s right to his father.
Like I said, with the way you throw around he has no legal rights, I’d be doing what he’s doing also. :woman_shrugging:t3:

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Have you tried knocking on his door and taking your child back?

I don’t care what people say ; I would file an emergency custody with courthouse THEN file kidnapping by none custodial parent with police department not knowing if he is safe or not should be a concern especially if no one but “dad” has had contact !! Sometimes these cases turn out NOT good at all :neutral_face::disappointed_relieved:…praying for you !!

This is why I tell people to file a patenting plan especially if they are not married even while they are still dating. A verbal agreement means nothing in the court of law. You need an attorney since the father filed papers because I am sure you will be in a fight. Also the few days here few days there is terrible if the child is in school. It is important for a child to have obe routine during school days.

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He may be keeping him from you because of marks on him from abuse get your child back make this a public record( cops) judge will take it into consideration when custody established

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Go there and call the police from his door step and ask them to do a welfare check. When the police arrive and make contact ask your son if he wants to stay or go home and I would document everything unfortunately you both don’t have any legal leg because custody was never established but I went thru the same thing in the state of NY and once the officer heard my son say he was ready to go home jayden said yes and he didn’t say a word with the police standing there. After that I waited until custody was established… That’s real sad he’s forcing the system to get involved instead of co-parenting like and adult

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I went through the same exact thing, in the state of PA and everyone pretty much told me “you’re SOL, there’s nothing we can do”. I did end up getting him back and after that waited for him to file custody before he saw him again.

Seems like he beat you to the point and filed court papers. Your best bet is to get an atty ASAP and meet him in court.

Unfortunately I went through similar issues and was told I had to fill out a parenting plan from the courthouse and go through pretty much every obstacle before I could do anything…which is absolute bs. If I had to do it again I would’ve just gone to get him myself. I’m sorry you’re going through this :pensive:

Since he’s already filed something, I’m afraid there’s not much you can do besides get a lawyer.

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Report him as missing and kidnapped

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If he has no legal, established rights, I would think that is kidnapping. You really should get a lawyer.

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I went through this, I did an emergency court hearing and got them straight back. I also got granted a residing order for them so he couldn’t keep them any longer then his visatation hours. But I’d get a attorney as they will be able to tell you exactly legal what you need set out in court. From start to finish it took me 5 days for them to be home.

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Then you need to contact the police. If he is not on birth certificate, no legal papers , it is kidnapping

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How old is your son?

Possession is 9/10ths of the law if he goes to school or daycare go get him.

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You need to get an emergency order as soon as possible. Go down and file an emergency custody order. Explain situation. A judge will order your son be returned home especially with no paternity done as of now. Then the police will be forced to intervene and be involved. This is honestly my worst nightmare. I
So sorry mama

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Because if there are no court orders than he has as much parental rights as you do. It isn’t kidnapping. It’s civil and you need an attorney.

And all of you saying it’s abuse or all this MAYBE it’s just a father that is fighting for his rights?!

Fathers have rights too.

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Go to the house asap, call the authorities from there for a welfare check. Then go through the courts to establish paternity, visitation etc

Go back to the police department and DEMAND to talk to someone hire, he’s literally kidnapping your child. Don’t let them look at you like an idiot, demand they do something or tell them you are going to the news. News stations will look for any reason to go at a police department. Make a huge scene!!! I’m not at all kidding!!!

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In some states u can go to the court house and file for emergency custody and tell them that he isn’t on the birth certificate, but with no court order ur both physically not allowed to take the child from the other parent and neither can the law, until a court order is done then u both are considered to have the same rights, and with u agreeing n having an agreement in place the state looks at that as u have already said that he is the dad by allowing him time… look into parental kidnapping for ur state n see what it intells…but legally until there is a court order there gonna keep telling u the same thing to get a lawyer look up low cost lawyers for ur area bc alot of times u can get help for free with this!

Since he has nò rights or anything I’d rèport the chíld as kídnapped

Is your son in school? Does he play outside? It’s literally who can get him in their arms at that point. And then fair game and if someone grabs the child out of your arms they can be arrested. I’d hide In the bushes and grab him soon as he walked outside

I’ve got a question, has anyone asked why he is withholding the child? We are only hearing her said side of the matter, but what if she’s been abusing the child and the FATHER is doing right by son. She’s not gonna tell that side of the story. The dad has now taken steps to make sure he can legally keep his child, if things have been going well in the days on and off but this came out of nowhere, we should be asking why?!

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Report the kidnapping, get an attorney, make a scene, let a new station or two know about your case, you’ll get your kids back somehow!

A lot depends on the state your in but if the police aren’t doing anything then you need to file for emergency custody. Also since he is not informing you of how your child is doing and ignoring you, I would call the police and request a wellness check just to ease your mind a bit to know your child is at least ok.
Perhaps try to reach out to your ex and start to work towards an agreement you are both ok with so when you do go to court, you guys can make it quick and easy by already agreeing on something. You can also possibly have something written up by the both of you and then sign it in front of a notary and use that as a temporary custody agreement. I say possibly because I’m not sure where you are or what legal rules you have there. Good luck!

Does he work… because If he leaves him with someone else take the cops with you to get your child. But one doesn’t have any more rights than the other…because this was not established in a court of law…so know that legally you can do the same thing… .either way it isn’t right for either of you to use your child as as a pawn…you both should want what is litterally in the best interest of your child…

Counter file and request emergency orders hearing… the longer you let it go without doing anything the worse it’ll look for you.

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file for emergency custody through the courts.

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You willingly handed him over. You need to file an emergency hearing most states you don’t need an attorney for it. I know this because my daughters father did this back in 2018 and the judge gave me my daughter right back.

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He essentially kidnapped your kid because he has no legal rights. He hasn’t even established paternity.

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