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Ask Samuel II Your Own Question
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I have an out of wedlock son with my long term live in girlfriend

Customer Question

i have an out of wedlock son with my long term live in girlfriend and i have been primary full time caregiver to my 5 month old son for the past 4 months as per our agreement so that he did not have to go into daycare. we broke up and she is sending my child to a daycare over an hour away owned by a friend of hers. the baby is away from his parents in an unfamiliar environment with people he doesn't know so she can work and deny me my son with no legal reason to do so. we have a custody hearing scheduled in a few weeks therefore none has been determined as of yet. how can i object to this arrangement? can i go get my son from the daycare establishment? i believe it is psychologically damaging an emotion bonding period between me and my child and medically not appropriate for an infant to be so far away from both parents in an emergency
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
HelloThis is Samuel. I suggest, yes, you can go get your son. The parent in possession is the parent in control, absent a court order. However, you should consider obtaining a temporary order of custody, if you can. Since you hearing is so close unless there is evidence of psychological or physical abuse the effort may just be in vain.
Expert:  Samuel II replied 1 year ago.
Also keep in mind, that you need to consider weighing if the Mother is going to be able to argue successfully that by you taking the child from the daycare you did more damage.
Expert:  Samuel II replied 1 year ago.
When you go to your hearing, regardless of you decision making on whether to go get your son, I suggest you show the judge how you have been the primary caretaker and that you can continue with that even with a divorce.
Customer: replied 1 year ago.
what do i need to go get him besides his bc?
Expert:  Samuel II replied 1 year ago.
In other words, the judge is always going to rule in the best interests of the children. And so you need to show that the divorce will not cause you to lose anytime with your son. Your work will not interfere with you continuing to be the primary caretaker.
Expert:  Samuel II replied 1 year ago.
From the daycare?
Customer: replied 1 year ago.
yes
Customer: replied 1 year ago.
should i bring police?
Expert:  Samuel II replied 1 year ago.
His birth cert and your ID. I suggest you can contact the local sheriff and ask for an escort to the daycare. I suggest you verify with the court in the county where the child has lived for the past 6 mos and see no order has been issued.
Expert:  Samuel II replied 1 year ago.
As long as there is no court order both parents are entitled to have their child.
Customer: replied 1 year ago.
no order has been issued.
Expert:  Samuel II replied 1 year ago.
Ok. So you will need to decide what you are going to do.
Customer: replied 1 year ago.
i miss my baby and want him back
Customer: replied 1 year ago.
does the disclaimer mean i can't use your name? i would like to tell the daycare that i was advised of my legal right by an atty
Expert:  Samuel II replied 1 year ago.
Correct. This is not legal advice. Nor is there any client/attorney privilege. As I stated, the decision is yours. I only provide information. We are precluded from representing customers of this site. To say you consulted for legal advise with me would not only be misleading it could be misconstrued. Thank you.