Family Law Questions? Ask a Family Lawyer Online.
Where you married at the time of birth?
There are no court orders for custody correct?
Who has custody now? (Legal though the courts)
I am sorry, I do not have good news. Since you were not married she had legal custody of the child prior to her leaving regardless of there being any court orders. When a child is born to a unmarried women she is granted sole legal custody and if the father wants rights he must ask for them or the mother can petition for custody.
When she left there was nothing the police could do as she had not broken any laws. There is nothing that can be done now as she did not break any laws when she took the child.
Did you have the order before she took the child?
If so why was the police unable to assist you?
Can you prove you had this order?
I am sorry, if the order was expired then the police would not have been able to enforce it without a new order. If you would like to try and get custody now you can use the fact that she took the child from you regardless of the child's best interest. Unfortunately with the amount of time that has passed the judge must decide if removing the child again would be in his best interest.
As far as kidnapping since the order was expired you would not be able to press these charges.
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