Not able to contact my son

[amber10_79]

What is the name of your state? Washington Due to several driving infractions, I recently was incarcerated for two months (I didn't have the money to bail out). I have always had full legal and physical custody, but my ten year old sons' father took him while I was gone. Last year, he tried living withhis dad for two months, but ended up coming home. I've been trying to contact my son for the last few days since I was released, to no avail. The time I did talk to him, his dad had told him that he couldn't move back in with me. I've tried his home phone, cell phone, text messaging, voice mails; all to no avail. No one answers or returns my calls. What can I do? I don't have the money for a big custody battle, but I want to at least see him and talk to him! I don't have an extensive criminal record (a DUI thats a few years old) and my son has never been abused or neglected. Can his dad keep him from me like this? Should I call the police or contact the courts?

 

[Ohiogal]

You need to go to court and get visitation.

 

[amber10_79]

You need to go to court and get visitation.

But I want him to live with me again. His dad is not allowing me to even speak with him. Isn't that illegal? I have custody, and he has yet to approach the courts about it; my son wants to live with me. Im by no means an unfit mother, and I take good care of my son. He's not allowing me any contact. It would take months for the courts to order him to let me see my son!

 

[amber10_79]

Is there at least anything I can do to even be able to talk to him while I go through the court process? Isn't that considered parental interferance?

 

[Ohiogal]

But I want him to live with me again. His dad is not allowing me to even speak with him. Isn't that illegal? I have custody, and he has yet to approach the courts about it; my son wants to live with me. Im by no means an unfit mother, and I take good care of my son. He's not allowing me any contact. It would take months for the courts to order him to let me see my son!

Are you certain you have custody? Dad could very easily have gotten emergency custody because you were incarcerated. Your problem is for two months you were incarcerated where you were not taking ANY care of your son. And your son does not have the right to choose or dictate who he wants to live with. You need a court order to get visitation and contact.

 

[Ohiogal]

Is there at least anything I can do to even be able to talk to him while I go through the court process? Isn't that considered parental interferance?

File a motion for visitation and ask for temporary orders while the case is pending.

 

[amber10_79]

Wouldn't I have gotten some kind of paperwork stating that his dad had custody? As long as I have access to see and talk to him, I'm not going to fight him on where my son lives. I just want to continue the close relationship that I had with my child. How do I go about filing with the courts? Last time he took off with my son (I was not incarcerated at any other time this happened), the police told me it was parental interferance. I don't want to go that route, but I shouldn't be blocked from communication with him.

 

[Ohiogal]

Check the court where your other orders were filed. See if anything was filed. You are giong to have to go to court however to force the issue.

 

[amber10_79]

I'll contact them tomorrow. Thank you so much for your help.