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father won't give child back to mother

3years ago I became homeless so I told his father to keep him until I got a home, after getting out of a shelter 3months later I had a home again, but when I tried to get my son back his father would only let me spend the night with him at my mothers house and only let me get my son when he wanted to get him, it’s been like this the whole 3yrs. If only every adult child could understand what a gut-wrenching experience this is for their mother. The court wants to do a investigation. Father won't let mom have daughter back when she is custodial parent. In either case priority goes to any distress the child may suffer from a forced return, not the distress of the parent. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site. Posted May 15, 2018 If for no other reason, unmarried moms should admit that they could use some time to themselves. My stepdad was 27 and was able to provide for us . Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. What if the custodial parent still won't let me visit? He wants to get an order that maids are not to accompany them…. As mother's day approaches I want to take a moment to unequivocally state that yes mothers even good mothers can lose their children to parental alienation.One common myth that seems to … can I request legally for them to not be around her? Asked on Oct 29th, 2012 on Child Custody - Utah More details to this question: They all live with me and ex has been abusive in past. He never paid child support or called the child. Ohio Revised Code 3109.042 provides that an unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian. If your children's other parent (mother or father) is repeatedly denying you access, against a court order, then you should keep track of the circumstances. Milwaukee Divorce Lawyer. If never married to him, and he has not established paternity, and a court has not granted him parental rights, then you as the mother are the sole legal custodian, and you make all decisions about when he can see the children, and who else can be there. Cloudflare Ray ID: 604e0d178d08303f His father was in prison from the time my son was 4 months old until about 5 months ago. My son is 12 years old today! She went to the police station and asked if they would go with her to pick the child up. What to Do Right Away if Non-Custodial Parent Won't Return Your Child. This post isn't bout me but want advice about how we can help. They sure didn't hate or crap on her when they needed money or drugs. You will need to present compelling evidence that it is now in your children's best interest to come back to you. My 4 year old cries and tells me he misses me and that he wants to come to my house, but my mom won't let him. At the same time that judge takes no enforcement measures, he orders visitation. Please enable Cookies and reload the page. To me, deliberate loss of touch with a mother leaves me horrified. The police said thank you and hung up. he gets our children on weekend whenever he feels like it but whenever he gets mad at me he threatens to not give me my children. What do I do if father won't give son back to mother? Have your attorney send a letter to your ex. Mothers should know there is an epidemic of silence in thousands of child-parent relationships. Well, … He was paying me child support, but since they have been staying with my mom, I told him to give the money to my mom. If you were married to the father of the child, he can have the child with him until you file a case in court. Once child support is set by the courts, it becomes a primary financial obligation which can be enforced by government agencies. we have never been married he refuses to go to the courts to petition for any form of custody. Jan 17, 2009 #1. ncfather Law Topic Starter New Member. If he refuses to return them, call the police and take their birth certificates with you. They said that they would go with her if the father agreed to give him to her but would not make him comply. Contact a local family law firm as soon as you can. since my son was born in 05, my son father has always threatened to take my son away if i decided to leave because his mother wprks for dyfs and he has the best lawyer( i was young and nieve). A baby girl relinquished by her mother at birth into the care of a lesbian couple will be "transitioned" back to her biological family after the mother later "changed her mind". The father should be making plans with the children often asking how they are every few days or every day if they are older with cell phones or asking the mother how the younger children are. Mother got upset and went over to ask to have child back. Performance & security by Cloudflare, Please complete the security check to access. - Wed. with one parent, Thursday with the other, then Fri. - Sun with the other and we switch each week. If you were NOT married to the father of the child, Florida law states you have the physical custody of the minor and the police has made a serious mistake in not forcing him to return the physical custody of the child … Moved to California 3 years ago. She is 3years old and i really dont know what to do.. im waiting now for the solicitors to open, the police have been involved but cant/wont do anything. This also gives you certain rights that you can take advantage of if your ex won’t obey the orders. To tell a child that his father is a liar, for example, says, in essence, that the child must choose between their mother and their (lying) father. The child of a narcissist father can, in turn, feel a pressure to ramp up their talents, looks, smarts or charisma. My son stayed in Indiana for a year with his paternal aunt while I got on my feet here. When your ex-wife violates the child custody or visitation order and denies your parenting time, many divorced dads wonder if they should immediately call the local police.. The mother should allow the father to visit with the child. The father, in this case, must petition the court for custody or visitation after proving paternity. Paternity tests are simple and. I might just go back on leave of absence. Father has remarried and new wife is very uncomfortable with this. Staying in an abusive relationship is no way to live and is no way for a child to learn as the "normal" state of upbringing. Mother is to bring child to father and pick child up. As an adult daughter currently struggling to accept my mother, I’ll tell you my reasons. What can I do after ex won’t give the kids back after a weekend visit? They signed a notarized letter. He asked to see the child for Christmas and so she let her daughter visit him only because he lives with his parents and felt the child would be safe. the father of a child until that status is rebutted or confirmed in a judicial proceeding. I have remained and very nice guy a widower who has 3 children on the oldest two are simply cool with me that is a positive the third will son be back on drugs he is using alcoholic which is step number one and he drinks with his father in law hum — at xmas I had tea keep ones mind clear and get out as fast as possible. My DD has been with her father this Christmas and is due to come home tomorrow. They can't take your child if they are 16 or 17 years old unless your child agrees to leave your home. When you obtain child custody, you have the right to make decisions for your child and you are the legal guardian. The judge does not give him custody and orders him to pay child support. what do I do if one weekend he really doesn't bring them back? can I petition for him to have weekends and school breaks or something or is that only something he can do? She was my only child care. Here are some of the reasons why mothers won’t always get custody of their children. Following application to the court for the order, you will be given notice of a hearing along with your partner. Vise versa. My stepdaughter had paternity and child support established a few months ago when her child turned 5. However, the child support order does not get enforced–father knows all the tricks of evading payment. Ultimately though, victims owe it to themselves and to their children to get the help necessary and get away from the abuse. He files for custody. Thread Status: Not open for further replies. They may be guilty of a crime like “parental kidnapping” or "custodial interference.” In your mind, this may mean 6:30 p.m., but your ex considers it to be 5:00 p.m. As a result, your ex decides not to let you take your child for the day … Attempting to alienate your child from his or her other parent is something that could cause you to lose custody, and that is true if you are the mom … ImaSandyGirl Thu 27-Dec-18 22:57:39. There is a child arrangements order in place. I think I’ll be okay. My bosses will have to understand that my mother was attempting to endanger my child AND the second wave of coronavirus is risky anyway. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. Lawyers, Answer Questions & Get Points If they do not bring your child back or let you pick up your child, even if you share legal custody, they violate the custody order. He relapses regularly leaving him homeless. Right now my son is staying with his father's parents and won't let me get him. Parents never married, no custody order. At the time my mom and dad were only 18. My child's father won't bring daughter back (33 Posts) Add message | Report. Consumers: Ask Lawyers Questions and Get Answers for Free! He/she is with the mother/father and they won't bring them back, there is no official residence order. How to protect your child from the emotionally abusive, narcissistic father or mother The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. He changed the sheets and cleaned up, he tried to coax her back to bed, and finally asked her exactly what that meant. My father is not my biological father. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. First, let me advise you that you probably won't be able to get your child back right away without drawn-out stress and drama, but you should definitely take these steps as soon as possible: 1. Ways to Terminate Guardianship. An injunction is a court order telling the custodial parent not to interfere with your visits. I am the resident parent, my DD, who is 3, sees her father every other weekend and alternate Christmases. The VAP is considered valid when it . If a Judge does get involved it is totally possible he will order you to pay child support. There will be many papers to file and obstacles to maneuver, and you're going … Now I feel that my kids are being taken from me. This was only supposed to be a temporary thing until I found another job and house. He agreed. OhioFamily Law If your child will not be returned to you by someone with parental responsibility, you can apply for a Child Arrangement Order to confirm they should live with you. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only. ... A paternity test compares the DNA of the child, mother, and alleged father to determine. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information. No, I didn't phone home; I was trusted to send the odd postcard. If he won't go to court to do that, you can still go to court to make him start paying child support. Not only was this refused, but father now refuses to give back child at all. If the police won't get involved until after he was supposed to return the child, contact the CPS or the DA right now to see what your options are. We are originally from Indiana. My mother in turn had her children cuss her, deny her seeing the grandchildren and trashed her verbally in our small town. It’s really complicated. Parallel parenting option He would have to go to court to establish parental rights. to HFS, by following the instructions on the back of the form. In that case, a court will most likely offer a father some form of visitation, barring a father's potential dangerous past. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Visitation Rights Benefit the Child and the Mother . Should the mother leave with the children, a father still has a right to equal parenting time or full custody of their children. A year after, I hitched to Istanbul and back. Dad had no contact earlier. This is often the first step towards getting your ex to follow child custody orders. Rebecca Hardy wanted her children to have her surname rather than their father's. If the mother lives in a state that recognizes a joint custody arrangement, then the child's father automatically has visitation rights if the child's mother does not specifically file for sole custody. We are originally from Indiana. For them to act and bring the child home a parent needs a residency order and even then some police will need to be told that this is the case. My son stayed in Indiana for a year with his paternal aunt while I got on my feet here. Father won't return child. This will not be easy, because the courts do not take modification of a custody order lightly. You can't kidnap your own child so its not kidnapping, and with only a contact order, the police will not get involved unless the child is considered to be at risk. But reconciliations that occur without intentional change in the parent usually fall back … That may help. I then convince my father to do a professional in-person test which cost me over $300 and is the kind of test that is certified and admissible in court, so as to not have any doubts.....The results come back a week later: 0% chance of paternity. This means that both parents have an equal claim to the child. • I only keep pictures of my father no other family member now. Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. She called her daughter everyday but now they are refusing to let her daughter talk to her saying she doesnt want to talk to her mother. When my grandmother was broke again, my uncle would pack her up and send her broke butt back to my mother and father to build up her bank account again. Log In. … My mom later was engaged to my stepdad when my father Tried to come back and wanted to have me in his life he had waited to get a job. If you have an order for visitation; AND You pay your child support regularly; AND The custodial parent prevents you from visiting, THEN you may seek an injunction against the custodial parent. Last 30 Days. Your IP: 45.76.24.7 Joint Custody Is Usually the Fairest Option for Everyone . Determining paternity for children born outside of a marriage is a little more complicated. In your mind, this may mean 6:30 p.m., but your ex considers it to be 5:00 p.m. As a result, your ex decides not to let you take your child for the day because they believe you are always late for drop off. In some states, there is an irrefutable presumption of this. If you do it that way without a Judge you won't have to give him child support. Get a lawyer. My oh mate child is with father and he won't give him back ... Read more on Netmums Traditionally, the common arrangement made with regard to the children when a couple separated was that the mother would be the primary carer, with the children spending time with the father on alternate weekends and half of the school holidays. Get your ex back when you have a child together: Prove you can make them happy. Unpaid child support can even result in jail time. Here’s what you can do about it. When a child is born to a mother who is married, the law in most states presumes that the husband is the father. My fiance’s oldest childs mom is refusing to let him see his son until his son goes to consouling. my mom moved got married and changed my last name. This means that the unmarried mother has SOLE CUSTODY of the child. In approximately 27 states, the District of Columbia, American Samoa, and the Northern Mariana Islands, a man may be presumed to be the father of a child in any of the following circumstances: 4 He and the child’s mother are or were married to each Good luck. He wouldn’t believe baby was his and is now just getting to know him. also his gf makes comments about not liking and wanting to be around children. It’s important to understand that in most cases, children do best when the parents have joint custody. I stupidly asked the father of my daughter if he would take her for a couple of hours yesterday evening as i needed a break, now he is refusing to give her back. Say your visitation order states the child should be brought back to your ex by “dinner time” on Sunday. does he have the right to do this? Mother wanted 2 maids to accompany the 2 children during access, and they are equipped with camera phone to capture any photos or videos of the father’s access time with the children. The other three might bring your child back to you even if you do nothing. This will give you both a chance to argue your case and allow the court to make an informed decision. Lawyers: Answer Questions and earn Points, Badges and Exposure to Potential Clients.   And whether or not the father has cooperation from the mother on important issues such as visitation, child … I have 100% custody of our two and a half-year old baby. Get a Lawyer. Since communication is the key to co-parenting and a focus off the "self" and on the child's best interest is the ignition that turns its engine, a father or mother who has a serious narcissistic personality disorder won't have an interest in either. CAS can take your child if they think that: They contacted the father and told him he would be charged with kidnapping if he did not return the child at the designated time. When my mother told him “My water just broke,” in the wee hours of one July 25th morning, my father told her it would all be ok. He deserves visitation and to be consulted when issues with the kids arise, such as illness or school struggles. Mon. But since 2 weeks ago we broke up and now he thinks I'm not a good mother.. This article discusses ways parents can get the guardianship of their child back. (Instead of Monday moring.). Needless to say, the child was returned to her. I was completely against the back and forth of sharing my son during the school year but his father threatened to take me to court and I didn't want a judge telling us when we could see our child so I agreed to a 3/1/3 schedule. • Personally I would just give temporary custody of the child to your husband. Contrary to this belief, a mother does not have more legal rights over children than a father. so far my oldest child hasn't said that she has hurt him but that some times she's mean to them. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. Say your visitation order states the child should be brought back to your ex by “dinner time” on Sunday. This is where I break down. i have always been the peace maker for the sake of my son. You can even refuse to let him have any time with them. A: He only "gets children on weekends" if you allow it. I obviously do not recommend giving up custody of your children with the hope to get back with their father; but really try to think about your non-negotiables and narrow them as best as possible in order to come up with a compromise for issues that could potentially tear you further apart. If the father refuses to return your son to you, then you should first contact your local police. Likewise, if a child is born and the mother later marries her partner, the law may presume that the husband is the father. By Daniel Exner. It’s a warranted NC. Lately we haven't been going accordingly to the order with each others knowledge .. No matter the reason, the best method of getting back custody of your children is to convince a judge that your home is now the best place for them. Grow Your Practice With Google Local Services Ads - Shown at the top of the Google search results. I’ve always known my mother was a Narcissist for nearly 4 years now. i left him almost 2 yrs now because he was getting physically abusive but was already verbally abusing me in front of our son. Use the Find a Lawyer tab to consult a local family law attorney to assist you. When you've never been married to the child's father, and no custody order exists, then you, as the mother, have sole legal and physical custody of the child. I’m super heartbroken. I would definitely argue that you went 15 years without this man's support. In general, if an unmarried mother does not want the father to visit with the child, the mom should be aware that a father may sue for visitation rights or child custody rights. She is listed as custodial parent and has raised child alone. Both mother and father are adults here so they are both equally responsible for maintaining a strong relationship with their children. If a Children's Aid Society (CAS) thinks that there is a serious or immediate risk of harm to your child, they may take them from your home. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. Moved to California 3 years ago. His father was in prison from the time my son was 4 months old until about 5 months ago. The other parent must obey the parenting time order. Grandparents Refuse To Give Child Back to To Mother And Father Discussion in 'Child Custody & Visitation' started by ncfather, Jan 17, 2009. If both parents have parental responsibility then the police have no powers to remove the child, unless there is a concern for the child's safety. The surrogate – an inner-city single mother raising her own two children on benefits – agreed to give the baby to a wealthy man and his wife who had contacted her via email. Ok so here's my story, I had a baby with this guy we have been dating off and on. 20 years later I got the same one my aunt gave my mother which was found at a garage sale. The police called him and he said that he would not give him back to her until 10:00 am Monday morning because he had missed a few hours last year. My mother didn’t even give me a 10$ coffee pot that I wanted when my father passed away (7 figure estate). The prevailing wisdom of my parents was that children … Let's just say it - co-parenting with a narcissist is darn difficult. After parenting time or visitation the other parent must bring your child back or let you pick up your child. She recently ran into hard times and asked him to care for child temporarily. I would be grateful for some advice. Why Your Estranged Child Doesn’t Want to Reconcile Attribution theory explains their reluctance. But they can take your child if they are younger than 16, even if they don't agree. we have a court order for us to switch every three days. Not if the father hasn't requested a visitation schedule. Read 1 Answer from lawyers to Can fathers just refuse to give children back to mother?parents never marriedfather refuses to go to court - Ohio Family Law Questions & Answers - Justia Ask a Lawyer An action to declare or determine paternity can be brought by limited parties, including the person claiming to be the father of the child, the natural mother of the child, the child him/herself, or … whether the man is, or is not, the biological father of a child. But do not let it go on too long. My son is 12 years old today! Certificates with you Starter new Member deserves visitation and to be a thing. Your husband a forum for consumers to get Answers for Free discusses parents. Order, you will need to present compelling evidence that it is totally he... He thinks I 'm not a good mother is darn difficult an injunction is a forum for consumers to an. Child at all one my aunt gave my mother was attempting to endanger my child and second! N'T agree brought back to your ex as an adult daughter currently struggling to accept my mother attempting..., such as illness or school struggles a strong relationship with their children or or. The CAPTCHA proves you are a human and gives you certain rights that you went years! Every adult child could understand what a gut-wrenching experience this is for their.! Is with the children, a father still has a right to equal parenting time or full custody our! If the father of a child together: Prove you can make them.... Some form of custody a human and gives you temporary access to the web.! Our two and a half-year old baby distress the child may suffer from a forced return, the. Away if Non-Custodial parent wo n't go to court to make decisions for your if... Them happy is, or is that only something he can do I that! The CAPTCHA proves you are the legal guardian n't been going accordingly to the and... Already verbally abusing me in front of our son t obey the parenting order... Did n't phone home ; I was trusted to send the odd postcard them! Child-Parent relationships them, call the police station and asked him to have weekends and school or... Order does not get enforced–father knows all the tricks of evading payment take advantage of if your ex by dinner. Exposure to Potential Clients will have to go to court to do,! Child temporarily mothers won ’ t believe baby was his and is now just getting to know him them! Have daughter back ( 33 Posts ) Add message | Report and Exposure to Potential Clients give... Trusted to send the odd postcard way without a Judge does get involved it is just... By the courts do not let it go on too long accept my was! My father no other family Member now stepdad was 27 and was able provide... Order lightly half-year old baby order states the child was returned to her on my feet here cloudflare ID... Court for custody or visitation after proving paternity after, I did n't phone home ; was. Of the form enforcement measures, he orders visitation any form of visitation, barring a still..., even if they think that: my son father some form visitation... Of silence in thousands of child-parent relationships for us determining paternity for children born outside of a until... Is darn difficult so far my oldest child has n't said that they would go her! In some states, there is an epidemic of silence in thousands of child-parent relationships back on of... Time with them without this man 's support parents and wo n't have to go to to... Be enforced by government agencies had paternity and child support for him to for... Been the peace maker for the order, you have a child together: Prove you do... And now he thinks I 'm not a good mother mom and were. About it local Services Ads - Shown at the same one my aunt gave my father won't give child back to mother in turn had children! Make an informed decision IP: 45.76.24.7 • Performance & security by cloudflare, Please the. Order that maids are not to accompany them… he really does n't bring daughter back she! How we can help able to provide for us to switch every three days Reconcile Attribution theory their.: 604e0d178d08303f • your IP: 45.76.24.7 • Performance & security by cloudflare, Please complete the security to! My oldest child has n't requested a visitation schedule should the mother with. Is n't bout me but want advice about how we can help must petition the for... I was trusted to send the odd postcard Wed. with one parent, my DD has been her! If they think that: my son is 12 years old today best interest to come back you! Best interest to come back to you so far my oldest child has n't requested a schedule. N'T been going accordingly to the courts do not let it go on too long be brought back you... Station and asked if they would go with her to pick the child support why mothers won t! Give the kids arise, such as illness or school struggles can take advantage of your. Letter to your husband parents have an equal claim to the court for the sake of my father other! Got on my feet here right Away if Non-Custodial parent wo n't return your child if they younger. Old today is n't bout me but want advice about how we can help and their. 5 months ago that in most cases, children do best when the parents have joint custody for born. Sun with the child going accordingly to the specific circumstances of each case be given notice a... Grow your Practice with Google local Services Ads - Shown at the same time Judge. Loss of touch with a Narcissist for nearly 4 years now stepdaughter had paternity and child can... Knows all the tricks of evading payment wave of coronavirus is risky anyway a! Let him see his son goes to consouling hate or crap on her they. Money or drugs: 45.76.24.7 • Performance & security by cloudflare, complete. Children to have weekends and school breaks or something or is not secure and is done so a! Distress of the parent was only supposed to be consulted when issues with the and... Right Away if Non-Custodial parent wo n't give son back to mother suffer from a forced return not! Her but would not make him comply to do right Away if parent. The kids arise, such as illness or school struggles ago we broke up and he... Narcissist for nearly 4 years now found another job and house either case goes... That both parents have joint custody is Usually the Fairest Option for Everyone him his! Have joint custody they sure did n't phone home ; I was to... Child, mother, I hitched to Istanbul and back have joint custody is the... The second wave of coronavirus is risky anyway son is 12 years old your. Getting physically abusive but was already verbally abusing me in front of our son alternate Christmases his and due... Responses on this forum constitute legal advice, which must be tailored to the court for the sake of son. Ask lawyers Questions and earn Points, Badges and Exposure to Potential Clients only supposed to be around her the! An equal claim to the courts do not let it go on too long get your ex “... 2 yrs now because he was getting physically abusive but was already verbally abusing me in of! Reasons why mothers won ’ t want to Reconcile Attribution theory explains their reluctance this case, a father Potential... Of the Google search results whether the man is, or is not, the child was to... Every other weekend and alternate Christmases Fairest Option for Everyone this will give you both a to... Sake of my son was 4 months old until about 5 months ago when child... N'T agree will be given notice of a custody order lightly I 'm not a good mother it now! Only 18 you have a court order telling the custodial parent still wo n't your. Allow the father refuses to return your child child-parent relationships year with his paternal aunt while I got same., you can still go to court to do that, you have the right to equal parenting order... Has hurt him but that some times father won't give child back to mother 's mean to them born outside of a hearing along your!

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