This question was submitted to our community via our Facebook page and/or our Answers forum. Responses are also taken from the community. If you have your own parenting or relationship question you would like answers to, submit on Facebook or Answers.
QUESTION:
"I have been allowing my sons father visitation with him. We were alternating back and forth every 2 days, he would have him 2 nights, then I would have him 2 nights… I was supposed to get my son back from his father on February 8th, but he has been ignoring all of my calls and messages and is refusing to allow me to get my son back. He will not even tell me how my son is doing… He has no parental rights, we were never married, and he isn’t on the birth certificate. On the 11th, I was served with papers for his father to establish paternity. He wants joint custody, a normalized visitation schedule, and paternity to be established, which I am fine with… However clearly I am not fine with my son being kept from me. I have contacted the local sheriffs department, state police, DHS, and literally anyone who I thought may be able to help me, but everyone keeps telling me to get an attorney… I am not understanding why I need an attorney in order to get my child back from his father when he has no legal rights. My son has never been away from me for more than 2 days at a time, when he was with his father… I miss him so much that I feel like my heart cant take it any longer… He is a mommas boy, and I know he is missing his momma and wondering where I am at, and that hurts me the most… I have been told that this is considered kidnapping, but when I went to file kidnapping charges at the local sheriffs department the deputy on duty looked at me like I was ignorant and told me to fill out an Affidavit. I just wanted to get some advice from an outsiders point of view to see if maybe this is something that I am missing that I can do to get my child back asap… His birthday is the 21st, and I can not miss his birthday…"
RELATED: Owen Wilson’s Ex-Girlfriend Admits He’s Never Met His 3-Year-Old Daughter
TOP ANSWERS (AS SELECTED BY MODERATOR):
The following top answers have been selected by a moderator from hundreds of responses to the original question.
"Most police will not help and will tell you to take it up in court since it is a domestic dispute. Sometimes you get lucky and get an officer willing to help but most won’t. That is absolutely kidnapping and I urge you to call the National Center for Missing & Exploited Children at 1-800-THE-LOST (1-800-843-5678). Please call immediately! They helped me and got the FBI involved when my ex took my daughter to a foreign country."
"Honestly if he isn’t on the birth certificate you can call the police again and say that his father kidnapped him and he’s does not have any custody arrangement and isn’t on the birth certificate."
"It depends on the state. In many states, there is what is called the presumed father. If he has taken the fatherly role and claimed him as his son, then he meets that category, and will be the presumed father until proven otherwise…also known as “putative father”"
"He’s not on his birth certificate so technically thats kidnapping"
"Police won’t touch it! Have to go to family court! It sucks!"
"This is kidnapping. Paternity has not been established yet. Call the cops"
"If there is legal custody established then what he is doing is not wrong he has every right just as you do being that you are verbally establishing he is his father sorry you are going thru this but yes get an attorney"
"Get an attorney ASAP!"
"Go to the Prosecutor Attorney and tell them your situation!"
"I would go to his house and get him. There’s nothing the police could do if you did. You have all custody and rights to your child so he’s technically kidnapping him"
Have a response to this question? Leave it below to help a mama out! Or leave your own question and get responses from real moms!
READ ALL ANSWERS BELOW: