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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11364
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son's mother and I had our son out of wedlock, now his

Customer Question

My son's mother and I had our son out of wedlock, now his mother has a warrant out for her arrest. Her mother has threatened to take him out of state if the warrant came through. As far as the courts are concerned I have no rights to him, I know that. However it has been her mother and I taking care of him because she is in rehab. I don't want to give my son back to her mom because I am afraid that she will take him out of state. What can I do?
Submitted: 2 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 months ago.

Good afternoon. I certainly understand the situation and your concern. Based upon what you shared above, you want to proceed to court on Monday and try and file an emergency motion with the court, for custody. The issue is that paternity would need to be established as well, so you have standing, so this can take time. If you take and withhold the child, the mother and/or grandmother may call the police and say you kidnapped and took the child and since you have no legal rights at this time, may take action if he is not returned. If she took the child out of State ( and I am not sure why she would), then you could still proceed through the court and seek custody but it will just take time.

Expert:  FamilyAnswer replied 2 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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