Father will not return child after "visitation"

[LdiJ]

Thank you. I only stated "kidnapping" as that is what DYFS considered it with my case when I requested return of my children and he refused and kept them outside of the time frame where he had my "permission" to keep them. Needless to say after they got involved, he lost visitation rights via court order in the end, and has not seen them in 3 years.

For the love of god GO GET YOUR CHILD. Stop being wishy washy and just go do it. Maybe you won't be successful and will then have to get your writ, but for the love of god just go do it! Call the police when you get there if they won't give you the child...but DO IT.

 

[InfantCustody]

I'm sorry, but why haven't you been there to get your son. Pack up your license, his birth certificate and hop in the car. I don't care if he wants to hand him over. I don't care if the Sheriff doesn't want to get involved. Too bad. He isn't on the birth certificate and has no custody papers. He is holding your son, and he may be out in the middle of the ocean. So his Aunt is holding your son.

As far as it not being kidnapping, OG, how does that work? Legally, she handed the child over but is now demanding him back. And she is, legally, his only parent. I know the moral side of this actually being the child's father, and having equal rights ONCE THEY ARE ESTABLISHED, but only legalities. Wouldn't it be like a babysitter keeping the child and refusing to return him? Until he is established as dad, wouldn't the police have to take a report for kidnapping? I'm not saying that is the best path to take, but just asking.

 

[MTS1969]

The sad part here is that you already noted he stated something about claiming "abandonment" on your part. This should be a HUGE RED FLAG for you to go and get you child BEFORE he tries any spiteful remedies through the court to establish this !!!

GO GET YOUR CHILD, get anyone (and everyone) you need to involved (police, DYFS, family, attorneys whoever) BUT DO not lay dorment ! He can not REFUSE to give the child back to you.

Your attorney should have filed (or advised you) to file an URGENT motion to have the child returned if you have been unsucessfull in being able to get him from the father yourself.

Make sure you are clear in your paperwork or to whoever you speak to that YOU have demanded your child be returned and he is refusing.

PLEASE do not sit back and "wait" and hope he simply agrees to give your son back, that could be the WORST thing you do and may end up biting YOU in the ass in regards to your own custody rights !

I am not an attorney so I am not giving you "legal" advice, only advice based on my own experiences. I have been through two divorces/custody and HAVE also dealt with the "non return" of my children by my second EX.

We had no court ordered custody arrangements at the time BUT I had a protection from abuse order against my ex, he was not allowed to be around me at all, it was ordered thought the Protection from abuse order that all visitation was arranged and exchanged through third parties.

My ex had also threatened several times to "run off with the children" if I filed for custody. Therefore when he refused to return them, and he began refusing to allow them to call me etc. I was very scared he would !

I called the police, the courts & I called DYFS because I was concerned for the welfare of my children given that fact that in my opinion, he was not in a good "mental state" etc...DYFS immediately became involved and helped me.

Please go get your son, do not let him stop you.

 

[Ohiogal]

For the love of god GO GET YOUR CHILD. Stop being wishy washy and just go do it. Maybe you won't be successful and will then have to get your writ, but for the love of god just go do it! Call the police when you get there if they won't give you the child...but DO IT.

Psst.. you did not respond to the OP. You responded to someone else.

 

[Ohiogal]

I'm sorry, but why haven't you been there to get your son. Pack up your license, his birth certificate and hop in the car. I don't care if he wants to hand him over. I don't care if the Sheriff doesn't want to get involved. Too bad. He isn't on the birth certificate and has no custody papers. He is holding your son, and he may be out in the middle of the ocean. So his Aunt is holding your son.

As far as it not being kidnapping, OG, how does that work? Legally, she handed the child over but is now demanding him back. And she is, legally, his only parent. I know the moral side of this actually being the child's father, and having equal rights ONCE THEY ARE ESTABLISHED, but only legalities. Wouldn't it be like a babysitter keeping the child and refusing to return him? Until he is established as dad, wouldn't the police have to take a report for kidnapping? I'm not saying that is the best path to take, but just asking.

Not if she says that the child is with his father. It is a civil issue then.

 

[MichaCA]

I agree though...I would still go pick him up. Your assuming that dad will refuse to return him. Go and TRY as advised. Its sad...but if dad refuses...if dad ever files for visitation/custody you have a basis for distrust based on this situation alone, and him refusing to return your child to you.

Go. If he refuses, call the sheriff or police. I know most will say they cannot get involved except as civil standby. But some will. Chance it. Or, if your really nervous, call the police/sheriff when you get to his town/county and explain you are nervous and want a civil standby - you don't want arguement - there is a 4 year old involved. I have done that several times - just to keep the peace at transitions.

I don't know what you were asked to file. I don't want to give you wrong legal advice on what to file. I wonder...can you afford to talk to a paralegal? Perhaps they can get you the correct form, for relatively little money. If its all to cumbersome...and this is just me/not advice...I would just find an exparte form and submit it to the court.

 

[garrula lingua]

OP,
You've gotten excellent advice from Proserpina & from LDIJ.
I don't know why the County Attorney gave you incorrect advice - you don't need a Habeus or a Writ for the return of your son.

Your ex has NO right to the child, unless Paternity was established by the OAG.

You shouldn't ignore the OAG - you don't get to cancel a hearing if Dad filled out an application for service, or if you earlier signed a waiver.
(The OAG will simply do a default judgment against you, establish Paternity, and dependent on the testimony, issue a possession (custody) and access (visitation) order.

I don't know if your ex already has an order, and that is why the County Attorney gave such odd advice (his/her advice only holds for established Paternity). (What County is this ?)

Go to the clerk's office and pull your OAG file. See if any orders were entered in your absence.
If no orders were entered, follow Pro & Ldij's advice: take a copy of the baby's birth certificate, your ID, and GET YOUR SON BACK.

(You have to have more spine - you are this baby's protector. Stand up and fight for him and for his safety.)
If you are unable to deal with Dad, hire an attorney; they will resolve this quickly. The longer you allow this to continue, the worse the situation is...
A Texas attorney

 

[Ohiogal]

OP,
You've gotten excellent advice from Proserpina & from LDIJ.
I don't know why the County Attorney gave you incorrect advice - you don't need a Habeus or a Writ for the return of your son.

Your ex has NO right to the child, unless Paternity was established by the OAG.

You shouldn't ignore the OAG - you don't get to cancel a hearing if Dad filled out an application for service, or if you earlier signed a waiver.
(The OAG will simply do a default judgment against you, establish Paternity, and dependent on the testimony, issue a possession (custody) and access (visitation) order.

I don't know if your ex already has an order, and that is why the County Attorney gave such odd advice (his/her advice only holds for established Paternity). (What County is this ?)

Go to the clerk's office and pull your OAG file. See if any orders were entered in your absence.
If no orders were entered, follow Pro & Ldij's advice: take a copy of the baby's birth certificate, your ID, and GET YOUR SON BACK.

(You have to have more spine - you are this baby's protector. Stand up and fight for him and for his safety.)
If you are unable to deal with Dad, hire an attorney; they will resolve this quickly. The longer you allow this to continue, the worse the situation is...
A Texas attorney

I <3 you, GL! Seriously. No sarcasm or smart aleck comment intended.

 

[CntryMomma]

I haven't had internet to reply...but OMG

A-I'm in Llano Co. He is in Harris Co.

at any rate. i got a text from his aunt/gf, asking if I wanted to pick the baby up. I calmly replied, we set a date.

well, i show up, learn ex is offshore, and the day after our VOLUNTARY support mediation, he went filed an RO and ex parte, and they were BOTH granted. he has stated (I'm paraphrasing), that I am a jobless, homeless alcoholic prostitute with many boyfriends...and I am a danger to the child. we have a hearing set for April 18th, which is ONLY addressing the custody and RO!!!

with his private dna test, and his bs statement, he managed to get my son!

he and his aunt lured me to THEIR house, to pick up my son...and when I arrived, a process server met me on the sidewalk, said my son was NOT there, my ex is offshore, and here are your papers, and here is your court date!!!

 

[CSO286]

I haven't had internet to reply...but OMG

A-I'm in Llano Co. He is in Harris Co.

at any rate. i got a text from his aunt/gf, asking if I wanted to pick the baby up. I calmly replied, we set a date.

well, i show up, learn ex is offshore, and the day after our VOLUNTARY support mediation, he went filed an RO and ex parte, and they were BOTH granted. he has stated (I'm paraphrasing), that I am a jobless, homeless alcoholic prostitute with many boyfriends...and I am a danger to the child. we have a hearing set for April 18th, which is ONLY addressing the custody and RO!!!

with his private dna test, and his bs statement, he managed to get my son!

he and his aunt lured me to THEIR house, to pick up my son...and when I arrived, a process server met me on the sidewalk, said my son was NOT there, my ex is offshore, and here are your papers, and here is your court date!!!

Why did you wait to "make arrangements"??? We told you repeatedly to go and get your child. Why didn't you???

GET AN ATTORNEY!!!! NOW!!! You need to fight jusrisdiction, respond the these claims and get custody returned to you and a legal, enforceable parenting plan in place. You need a lawyer. Hock everything, sell plasma, whatever.

 

[Ohiogal]

Why did you wait to "make arrangements"??? We told you repeatedly to go and get your child. Why didn't you???

GET AN ATTORNEY!!!! NOW!!! You need to fight jusrisdiction, respond the these claims and get custody returned to you and a legal, enforceable parenting plan in place. You need a lawyer. Hock everything, sell plasma, whatever.

Jurisdiction is NOT necessarily improper due to the fact that it is an RO and can be gotten where dad lives as well as mom. She does need an attorney however.

 

[CSO286]

Jurisdiction is NOT necessarily improper due to the fact that it is an RO and can be gotten where dad lives as well as mom. She does need an attorney however.

Thanks, OG, I wondered about jurisdiciton as far as the custody thing..... I sit corrected.

 

[CntryMomma]

the RO was in effect as of March 6. the SAME DAY as our support hearing.

therefore, I could NOT go and get the child, as the RO was already in effect when I came here to ask for your advice.

when I say make arrangements, I mean as soon as I logged out of here, they sent me a text asking to come pick the child up. they lured me there, to serve me.



How do I type out a reply? I know what I want to say. However, I am clueless as to who I address the reply to(as in, letter recipient), and such.

 

[Silverplum]

the RO was in effect as of March 6. the SAME DAY as our support hearing.

therefore, I could NOT go and get the child, as the RO was already in effect when I came here to ask for your advice.

when I say make arrangements, I mean as soon as I logged out of here, they sent me a text asking to come pick the child up. they lured me there, to serve me.

How do I type out a reply? I know what I want to say. However, I am clueless as to who I address the reply to(as in, letter recipient), and such.

Often it's difficult to get someone served with court paperwork. I'd say most people would describe their experience as having been "lured."

Doesn't make it illegal or immoral.

 

[CntryMomma]

Often it's difficult to get someone served with court paperwork. I'd say most people would describe their experience as having been "lured."

Doesn't make it illegal or immoral.

haha, you are correct.

At any rate, I have an appt for consultations with 2 different lawyers tomorrow. Both have made it clear, that the RO was issued without any cause, and I AM entitled to visitation, through a 3rd party. BUT, that RO is prohibiting that. So it's a tangled mess. Hopefully it'll be straightened out soon.