If you don’t have a custody agreement then get to court immediately! Get an emergency custody grant! As far as him being here illegally …that seems not to matter anymore! He might even get a free lawyer on top of everything else !
Attorney is the only one that can help her she needs to see him or her now.and file
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This story sounds fake…how can she file contempt if there’s no court order… where’s he from, he can take your child and leave the country and your screwed…this is what happens to lazy people and people that have a reason to avoid court…how did he get him in the first place…
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Always put the best interest of the child first in your request for a hearing. What is the child’s relationship and bond with Mom and how long has it been since the child has seen her? Explain why the child needs Mom instead of Dad and what childcare arrangements Mom has? Did Dad do something illegal to take the child? If so, explain that and the danger it will cause the child.
Here is what you do. Get a guy who’s bigger then him, hire a security guard but dressed in normal clothes or a bikie… whatever, someone who would easily intimidate him that will walk with you, find your daughter and leave. That’s it.
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Here is what you do. Get a guy who’s bigger then him, hire a security guard but dressed in normal clothes or a bikie… whatever, someone who would easily intimidate him that will walk with you, find your daughter and leave. Don’t go back home. Get family and friends to help. Move to a state that supports your parental rights. That’s it. Sometimes you only get one chance.
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Where at in Florida?
He isn’t obligated to give her back. It’s his daughter too. She can go request parenting time or a custody agreement with the court if shes that interested. It really should have been established in their divorce though.
Either way it’s her issue to address and resolve. Not yours. He was good enough for her to make a parent. She may just want to let him have the role she granted him.
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She sounds stable so why does dad have custody? If he’s illegal that doesn’t sound right either? There’s gotta be more to this story? If there’s a court order nothing can be done. Is he violating visitation? If so she has to file for a court order violation, or make an emergency hearing (if she fears for the child). Police can’t even do anything.
If it was my child and the law wouldnt help me, I would gather as many strong men and find her and get her back. Yes, fathers are important. But any parent that would keep the child from their other parent like that is not a good parent.
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He has equals rights as she does with their child.
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UCJJ hearing if mom is an American citizen and has citizenships in Florida file that!! This will require courts to set jurisdiction!!! Once that’s done she can file for emergency placement order and get child back
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They both have the same rights …
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Immediately notify the passport office and block the child from getting a passport. Then get to court and get a custody order. If you have immediate concerns about international parental child abduction and wish to speak to someone, call 1-888-407-4747 and ask to speak to a Prevention Officer. They will issue a block on getting or using a passport
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Tell your friend to call the police and issue an amber alert.
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Unless there’s a custody’s agreement, he’s technically not doing anything wrong because he’s also the parent.
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Uh. How do you have custody when you’re not a citizen?
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That’s what I would like to know. And if it was done through a court order then she can’t do a thing about it unless she goes back to court for visition rights.
Something sounds off here…first, no court would grant custody to a parent that is illegal. If he has custody then I want to know how it’s contempt and if the father is illegal then why does he have custody since mom is supposedly stable? Nothing adds up here
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I call BA on all that. If you have court papers saying you are custodial parent. You have the right to walk right up to the child and take her back.
A court won’t grant an illegal custody. Secondly, ins would be all over it.
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ITS NOT JUST HER CHILD! Why does it matter if he illegal or not? He’s the father fathers have JUST AS MUCH RIGHT as the mother
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The amount of “its his daughter too” is sad. You realize, parenting plan or no, that parental kidnapping IS in fact a crime. Also, if he flees the country, the Hague Convention exists for a reason and MAY help return her child if they can be located.
Sorry, but he may have contributed DNA but DNA does NOT a parent, make.
Also, many of you need to brush up on your laws. In many states, if they were unmarried, upon birth, the mother has 100% physical and legal custody until the father petitions for paternity and then for rights, after which many states grant 50/50 except under extenuating circumstances where it is not found to be in the child’s best interest to be subject to that arrangement.
Furthermore, in family court (since you all want to act like you’re so experienced here), a parent withholding the child from the other, ESPECIALLY with no contact is a HUGE no no, and the fastest way to lose custody and be granted only supervised visits because it’s widely accepted that, unless you can prove the child was in danger, you’re not acting in the best interest of the child. You’re just denying another parent their ability to be with their child.
Lastly, quit playing the race card. The fact that he’s here illegally IS relevant in two ways. First and foremost meaning he may have ways to illegally exit the country, with the child, making locating them extremely hard. Parents (of both sexes. It doesn’t matter) have endured this hellish experience many times before, and many have never seen their children again. It is important to act swiftly when there is a possibility of someone leaving the country with your child without your consent, and awareness of WHERE they’d be going, return date, etc.
And secondly, it affects the legal avenues which can be taken for the mother to recover her child. If this guy is a flight risk, and she’s already had contact 100% cut off from her child (which is a huge red flag as it is!) then calling a facility like ICE isn’t out of the question as it forcibly involves law enforcement and may help speed up the process of getting her child back.
When you become a parent, you do what you have to do to protect your child from danger. Even if that danger is the other parent.
That is what a GOOD parent does.
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Unless there was a custody agreement prior to the father taking the child, there isn’t anything your friend can do, aside from petitioning the courts for custody. When there is no custody agreement in place, each parent has equal rights and filing contempt wouldn’t do anything because he’s technically not in contempt. She should be petitioning the courts for emergency custody until permanent custody can be established.
Call Children’s Services and say the child is in danger.
No. Every situation is different. Not every set of parents gets equal access to the child. It would have been helpful to know if there was some type of court ordered visitation involved here.
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I wonder why the court gave him custody?
Get a real lawyer and yake the long road once it has to go to court he’ll most likely be deported
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What’s the reason they gave him custody and not the mom? The law has to have a good reason.
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A dad isn’t going to have full custody of a child unless the mother let him or she’s proven unfit. How would she file contempt of court when he’s not in contempt? Legally he doesn’t have to let her see the kid or anything. Should’ve fought for her kid and thought about it before he got granted custody
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Start stalking and she can just pick up the kid from a store or playground or even school.
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Would you be asking the same question if she’d done the same to him though? Not at all right 
its the childs father also!
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What does she mean by “illegal” ? Like he’s an immigrant? Family court abs Immigration court are two separate things, why is that even being brought up? If you mean he’s done illegal stuff, the. This doesn’t add up, no courts would give full custody to someone who is harm to a child. Mother must’ve done something to lose custody. Their has to be more to this story then what’s being told.
Couldn’t be me, I’d go take my child back! Police won’t do anything? Bet on my life I would. With that being said,I don’t think you’ve gotten the FULL story from your friend.
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One Mom’s Battle: Florida
Good luck. Cops are no help these days.
There are a lot of unknowns here. Do the parents have an actual custody order? If so, there should be a schedule of when each parent is allowed to have the child. If that schedule is being violated, then it IS a crime and the police should be asked to step in. If however, there is no court order granting a custody schedule, then both parents are on their own to work out their custody arrangement. Whether the mom has a job and a place to live has very little to do with whether they are granted custody. It almost sounds as if her ex-husband was actually granted physical custody and now she’s trying to get that changed.
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When you say took custody what do you mean ? Because you can’t take custody it’s only given, if he was given custody it’s for a damn good reason, and the court gives you visitation , like did he take the child ?it’s something missing and your wording isn’t helping, when you divorce you have to complete a child divorce class and that following court date with divorce you’re told how custody is split 
I don’t really think you are getting the whole story from your friend. Did she willingly give him custody of her child? Was there a court hearing and the court gave him custody of the child? If the court gave him custody was she granted visitation? Is he not abiding by that custody agreement? If there was no custody agreement made in court, filing a motion of contempt because he won’t give her child back or let her see the child won’t do anything. She would actually have to file a request for a custody agreement to be put in place or put in a request for an emergency custody hearing. How long ago did she give him custody before she asked for the child back or to see the child? Police are not going to enforce anything if there is no custody agreement in place and she is with a biological parent. They won’t just storm in there and grab the kid and hand them back to her unless there’s court papers stating it’s her parenting time, or she has custody and he’s keeping the child
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So she’s sober and has a job and a home. What else has she done? Neglect the child? Abuse the child? No court just awards full custody to a parent, especially a dad, without something else going on. They would more than likely split custody between the parents. That’s pretty crappy that she’s throwing a tantrum and calling INS over it. She didn’t care about his immigration status when she had a relationship with him. Take it to court and try to file for visitation. But if she doesn’t even have visitation rights? She really did something.
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What does him being illegal have anything to do with the situation? I also think you’re leaving out a ton of information as well.
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Call the governor or your senator!!
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Um I’d be a bit frantic if hes here illegal and leaves the country with that child u will never see that child again the us Gov will do absolutely nothing to get the child back this is well documented it happens way more often then anyone thinks…I have a friend who’s this happened to and she didnt see her kid again till he was over 18
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The fact that the only word you used to describe the father is “illegal” makes me believe she’s right where she needs to be.
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It doesn’t say the court gave him custody 
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Okay so, idk which way to take this. So two advices. (1. If there’s not court arrangement & you mean physical custody) Her only option is to either go get her when he’s at work and she’s with a babysitter. Or (2. There is an agreement and she has visitation) She needs to go to his house when it’s her court ordered time for visitation and call the cops. Make a report and file that with the contempt of court.
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He is breaking the law if he entered the country illegally. That’s what “illegal” means. Do they have a custody order through a court? If they don’t , the father has the same rights as the mother.
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He must not be too illegal for the police to let him keep Child. If there is no custody papers on file, it’s who physically has her. Get with Lawyers. It would be considered A Civil matter by police.
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Look at it the opposite way. How many mothers choose to keep their kids from the other parent and all these women rally behind her because “he’s so toxic, you’re doing the right thing” without even knowing the story. Now look at this, we don’t know the whole story and I don’t see anyone applauding the father because he’s keeping the child away from the mother, maybe she’s toxic too.
The double standard is why we have so many deadbeats.n
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If there was a court order established or custody, then she has the right to call the police but if there has been no court order and no custody established, he has just as much rights to the child as she does
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I’m crazy but…1st…I don’t believe courts give full custody to imagraints/ illegal alien!??
2nd… I’d snatch my kid back one way or another. GOOD day n luck🍀
Well, if he’s violating a custody agreement, that’s breaking the law. She really needs to call a lawyer.
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Girl what kind of fucking racist shit is that? So fucking what he’s illegal ? YALL TRIED TO REPORT HIM TO GET HIM? And still got told you can’t do shit about it are you fucking serious ? 
and then everyone else being racist in the comments like the shit is cute
Tell her to kicked the door in and go get her baby. No one will stop me from getting my baby back.
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How can he be “illegal” Maybe you meant “undocumented” Maybe he won’t give the kid back bc all of her friends are racist 
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Maybe mind your business.
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I’m sure he one don’t have custody or two he’s not illegal because both of those won’t happen at same time 
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Yayy his Illegal 
doesn’t matter he still the father it’s like all the Moms that do that to the fathers and the law never does anything….
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Now if he’s a danger to her Baby I don’t know what she’s waiting for I would get my baby at all cost meaning going and getting her my damn self I wouldn’t be trying to get people deported.
What does him being an illegal have to do with anything did it matter that he was the illegal when they were married did it matter that he was illegal when they had children… When he signed the birth certificate did it matter then… Or do you just try to use somebody’s status against them when you’re not getting your way… Why is he still illegal if they were married why didn’t she try to help him fix his status… Ex-husband not ex-boyfriend they were married he has every right to his child check your Florida state laws before you go telling people you’re in Florida when you’re married to the mother of the child you have just as much right to the child when you divorce you still have just as much right to the child. The only time a father does not have access to the child in Florida is when they were never married he has to go to court and get his rights established. And judging from what you say and the company she keeps I can kind of tell why he wants to keep the kid away from her.
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Wow it’s truly sad seeing how many WOMEN, backing a man who has basically kidnapped his child, is illegal in this country and withholding all contact from the mother & child. I feel bad for the OP.
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He may have entered into the US illegally if that’s what you mean, but that doesn’t always necessarily mean he is “illegal” he could have his DACA papers. A work permit now etc.
Idk you sound very racist to me. Just because someone entered illegally does not automatically make them a bad person or an unfit parent . What if rolls were reversed and the mother was illegal would you be typing this out?
Also he has every right to the child as she does. The police wouldn’t sit back and do nothing unless there was already something in place for him to be able to have custody of his child.
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Does he work? Get her while he is at work. Whoever is keeping her has to legally hand her over to you.
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My brother is going thei something simsilair although it’s the mother doing it if there is. It agreement they both have equal rights unfortunately but with that being said if she get her daughter she also does not have to let dad see her by law unless something is established … Has she tried calling police and getting a “well” check?
Wow , so many one sided gender biased racists on here . So many are making one sided assumptions but it does say ex husband and not separated . Typically domicile custody would be granted to one parent during the divorce proceedings , so it sounds like he got custody
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Get a lawyer and get a custody arrangement. Then if he defies it then he is truly doing something illegal. Or you two can learn to play nice with each other so that child can have both mom and dad in its life.
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She needs a lawyer, but I’d hire a tough and burly private eye to find him and bring my kid back.
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Hey, does Florida have Parental Alienation laws? If they do, then that is illegal. Also, I would lawyer up.
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Nothing you can do. He’s the one with custody
If there’s no court order & he’s on the birth certificate there’s nothing that can be done, except open a child custody case & personally get in front of a judge.
If there is a court ordered visitation schedule, as soon as he breaks it, file a missing persons/ kidnapping report with her local police department.
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If she keeps filing and nothing happens honestly sounds like they don’t believe she has parental rights right now. He didn’t take custody it seems he would have been granted custody. She can get a lawyer and try that way.
If mother has proper papers showing she has full custody the cops will go with her to get the child. If father refuses they will arrest him. But she has to have the proper legal paperwork. My friend just went through this.
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Sadly (in canada) unless there is a custody order starting mom or dad has full custody nothing can be done. I don’t know how it works in the states
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Reporting him to INS is bullshit. She didn’t have a problem with him being “illegal” while they were together. Get the court custody paperwork and contact the law enforcement of their jurisdiction. Get her from whomever is watching her while he is at work.
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Human beings are not illegal. He is undocumented.
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Hopefully other ladies will read this and marriage a American 
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But he took custody… ??
Get a lawyer!!!
First I want to say no one can be “illegal”. That sounds very racist. Secondly the proper term is undocumented.
As for the other comments:
There is so much blatant hypocrisy in these comments. To see people saying it’s his daughter so he has just as much access to the child as she does is crazy because if a mom was doing this, you all would be saying she’s withholding. Nowhere in the post did it say that she didn’t want the father to be with the child. She obviously let the father see the child for him not to return her. He is withholding and therefore is not doing what’s in the best interest of the child. He should get the same consequences as many of you would wish on mothers.
I will tell them all that she is unable to file contempt if there’s no custody order in place. What she would need to do is file for emergency custody or ex porte he removed her out of the state and it would be based on the parent’s testimony if he is out of state and no contact.
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She needs to find a lawyer and file for an ex-parte.
Not saying it’s right but according to the law he has just as much rights to the child as she does if no custody agreement was put into place during the divorce
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All she needs to do is go through her hospital stuff from when she was discharged after giving birth and find her affidavit of parentage and then the police don’t have a choice but to go to help or you can demand an amber Alert be placed! That piece of paper is the mothers “custody” paper work until you get an actual custody agreement
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In Florida if there’s no custody order already in place, it’s a race to the courthouse to file for legal custody and then that person legally can have the child removed from the other person.
So it sounds like there is some sort of court order I place if she is filing contemp charges with the court.
You need to help her find a family law lawyer that help her fight him.
If there is no actual parental rights and responsibility order in place, then it’s 50/50 and there ain’t shit she can do until she takes him to court by filing for a PRR order.
So in that case the first step would be to go to the local court house and file a PRR, if they offer financial assistance, do it and get a free lawyer if she can’t afford to pay one.
Get a court date and show up with ALL TEXT MESSAGES, EMAILS, DOCUMENTS EVERYTHING THAT SHE HAS FOR EVIDENCE… WHETHER THATS CRIMINAL RECORDS, POLICE REPORTS, ANYTHING.
TO BUILD HER CASE ON WHY THE CHILD SHOULD bE WITH HER AND NOT HIM.
If y’all don’t have a parenting plan that outlines custody agreements then he has the same right to her that she dose. My advice if there is no parenting plan is for her to go down and get one
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Shantele Snyder Unless they were married when the child was born. You don’t do the whole parentage affidavit package in the hospital if you’re married. Paternity is assumed.
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This is why I always tell single moms have custody orders in place before they hand over the child. She will have to file custody ASAP. If hes undocumented make sure he doesn’t leave the country with her then its a whole different battle. Go to the CH immediately and file
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This happens to dads all the time.! And they literally have to fight for custody so if this can happen to the biological father why not the mom 
I’m not saying it’s okay. Definitely isn’t but it happens daily to dads.
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In Ohio the Mother usually never loses their child unless the courts have a reason to believe the Mother is not capable of raising her child but then yet even if it’s drugs they usually give them a chance to get clean and they can get them back for the courts to take them away there has to be a reason .
If she doesn’t have custody papers, there is not much she can do.
Her best bet is to file for custody and then charge him with either kidnapping or custodial interference.
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It doesn’t matter to police if someone is here illegally. A guy hit my husbands car, was not licensed, was illegal and he was not arrested, and being illegal didn’t change the fault of the accident either. It isn’t like the movies they aren’t out hunting them down.
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Why would she let him take custody in the first place?
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He’s already broke the law, he’s illegal and he isn’t letting the birth mother see the child.
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He is breaking the law if he’s illegal!! That doesn’t make sense!
You or her if yall know where he is can just go take her. The same rules will apply to him as she is having applied to her
First, it doesn’t matter if he’s illegal. That’s not breaking the law within our local laws, that’s why immigration is separate. Secondly, this woman choose to have a child with the man, and who knows what reason’s he had. His rights to his child are just as equal as hers are, but there was no custody plan in place…obviously. Lastly, immigration will not get involved with a custody matter unless he was a criminal who was already once deported.
Its sad how people try and say this man gas no rights because he’s undocumented, but I’m sorry to inform you that it’s not true. They may have it harder because there race, but they certainly have rights! Some states don’t even get involved with immigration at all due tu beliefs.
Your friend would have to go to family court, just as he epuld if the tables were turned. Good luck.
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If they weren’t married, the mom automatically has legal custody, unless a court order says otherwise. If they were married, and have a custody order in place, to which you say she keeps filing “contempt of court”, then there should be no problem getting her back. All she has to do is go to the police and show them the custody order he is violating, and they will escort her to get the child back. There is definitely more to this story, if authorities won’t help her. She must be doing or saying something wrong
I know in Minnesota if they are not married when the child is born. The mother has sole legal and sole physical custody until the father takes a paternity test. Than if proven he is the father, than he has the right to go to court to.get visitation and rights.
Unless you have a custody order in place, he had just as much right to the child as she does. She needs to secure a lawyer
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Being illegal doesn’t matter sadly. I went through a similar situation. It’s called ‘anchor babies’ if a illegal citizen comes in the US & has a child under 18, he can stay in the US by law because he has a child here. (Crazy I know) But when I had to get my daughter back, the only way I could get her back is going through the courts and getting a court order. He refused to give her back and I called the police and tried every loop hole there was and nothing helped except the courts.