When my case with cps in az ended and my son was returned to me would that mean I was awarded sole custody since his father never lived in az or would his father have the same rights to his custody? We never went to family court against each other only cps court in az which he participated in from Ct-barely.I need to find out who has legal custody of my son Nickolas Martino born 8-20-01 in az. I sent him for a visit to florida in 2010 and havent seen or heard from him since the dcf caseworker told me she couldnt force him to let me speak to him. intimidation from his father was used to keep me from going to florida to pick him up.
State/Country relating to question: Florida
I called police in florida and Az. I was told it wasnt kidnapping because i was the one who put him on the plane. I tried reaching a supervisor at dcf with no response. I had an attorney try with the same result only instead of pursuing the matter he recommened i just let it go.
If you have no court order specifying that you have sole custody, then when CPS returned the child to you all that means is that they returned the child to your custody, but it was not a judgment of sole or joint custody. Without a court order regarding custody rights, both parents have equal rights to custody over the child. The only way you can get a determination of sole physical custody would be to file a petition for custody in the court and serve the father and have the court issue a court order of custody.Without the order of custody, the parent who has the child in their possession is considered the physical custodian.
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