I am an attorney with more than 25 years of experience and I look forward to providing you information in this regard
It is unfortunate that the agreement you have will not allow the police to help you.
However, I suggest you will need to go to the court in the county where you live and file to have an emergency hearing for temporary custody. You can get the documents to file on your own from the clerk of the court - explain what has happened and that you want a Temporary custody emergency hearing.
Then I suggest you consider consulting with a local attorney to file for a divorce, get child custody, child support and maybe even alimony.
I am sorry he has done this to you. What a terrible thing to do to the child.
Please note that I can only answer what you ask and so if you have more questions or need clarification, please ask it here. Otherwise, I thank you in advance for a positive rating.
Is the agreement that he signed in court in Germany valid in the U.S.? At the minimum wouldn't it be a legally binding agreement since we both signed it in front of our lawyers.
You should definitely use that in the temporary hearing to show the court what a Jerk he is and how he is not on the up and up and wants to try to do things against the best interest of the child
So it is binding in that respect. But it is not binding in the respect that the police will assist. It must be taken to civil court to get this straightened out
He said that I would never get to see my son again, so I'm wondering when or how is it considered kidnapping? I know that one parent can kidnap their child, so when would it be considered kidnapping?
It is only considered parental kidnapping when there is a US Court Order stating that one parent has custody and if the parent who has visitations does not bring back the child.
But your German agreement is not valid and so you need to go to the court, as I suggested and get the US court to get the order.
You can do that tomorrow. You can go to the clerk of the court in your county and explain the matter and request and emergency hearing. The court may grant you a temporary custody order and then you can get the sheriff to go get your son
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).