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No cps has not gotten involved and yes I thought bout it. I have him now but he telling me he doesnt wanna go but I dont wanna get in trouble and and just keep him he has school in the morning cant have him miss school either cause how woul that look on my part
Nobody has custody
Yes all I went to court for was to say I am the father and was told how much I gotta pay monthly.. so what about school
Thank you for our follow-up, Keven.
Let me address each issue at a time. In a situation where custody as not established by the courts, if either parent wishes to keep the child, it is not considered to be kidnapping or abduction, it is permitted. In terms of schooling, if you keep the child with you, you become responsible for making sure that he makes it to school and that you pick him up afterward. Keeping the child therefore is a responsibility. You may want to consider calling CPS to get them involved, but you may also want to consider going to court tomorrow morning and filing for temporary emergency sole custody on basis of extreme neglect. That can be done via an 'ex parte' petition, which is an emergency hearing where the judge will only listen to you and make a determination for custody. If granted, child remains with you an you could potentially try to enroll him in a school closer to you, but you would later need to file for formal custody and get the courts to evaluate if the initial custodial order that was granted was valid or not.
Hope that helps!