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Category: Family Law
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Experience:  Trial Attorney, licensed in FL, GA, & AL. Rated 10 / 10 by avvo.
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I have a 9 year old son whoes mother is unstable and not caring

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I have a 9 year old son whoe's mother is unstable and not caring for him.After discussing her situation with her and her family she agreed my son would be better off with me.On the weekend i was supposed to get him i could not contact nobody 3 days later her brother told me she moved to Brownsville I have had no contact with my son since july-18 and don't know what to do
Submitted: 5 years ago.
Category: Family Law
Expert:  John replied 5 years ago.

You should inform your ex that if he does not return the child you will need to take legal action. Refusing to return a child is a serious matter. He may have committed 'Parental Kidnapping". Here is the definition:

 

In the absence of a court order determining rights of custody or visitation to a child, a person having a right of custody of the child commits the crime of parental kidnapping if he removes, takes, detains, conceals, or entices away that child within or without the state, without good cause, and with the intent to deprive the custody right of another person or a public agency also having a custody right to that child.

 

Federal Statute:

"* 28 § 1738A. Full faith and credit given to child custody determinations

(a) The appropriate authorities of every State shall enforce according to its terms, and shall not modify except as provided in subsection (f) of this section, any child custody determination made consistently with the provisions of this section by a court of another State.

 

Remember, it is not just your baby. It is also her baby. You have no more legal or moral right to deprive him of the child than she has to deprive you of the child. You could have a court determine that you will be chosen as the custodial parent. Most states determine who will be the custodial parent by considering the best interests of the child.

Customer: replied 5 years ago.
I am the dad the child support papers that i signed had boxes on it that were not explained to me and were all checked in the mothers favor by case worker.So she as full custody with previsions that she can leave the state.This and other previsions like it leave me feeling like i have no say so concerning my son and his well being
Expert:  John replied 5 years ago.
You can seek modification from the court, but if you do not have custody and can leave the state, there is little you can do.
John, Lawyer
Category: Family Law
Satisfied Customers: 697
Experience: Trial Attorney, licensed in FL, GA, & AL. Rated 10 / 10 by avvo.
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