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If my husband mother kinapped my son she picked him up then turned her phone off and i got a call from my soon to be ex husband advising me that i will never see my son again. I went to the police station to find out what i could do to get my son back since i haven't seen nor heard from him in 9 months beside the messed up phone calls i use to get threaten me telling me that he wants to see his son but he never called to get him. so we both applied for temporary custody at the exact same time and a restraining order i was awarded the restraining order. Now he wants a hearing how do i get custody of my son for good i am afraid that if he does get visitaion he will run off with my baby and i will never be able to find him.
State/Country relating to Question: Missouri Already Tried: I got the restraining order and i am going to get the divorce papers sunday to turn in wednesday i've changed my phone number. I am moving I've done everything he does have a record he has had two prior restraining orders on him one for holding me at gunpoint the other for fighting me when i was 6 months pregnant. I am just disgusied with the sitution he won't let me and my son be and has been out of our lives for almost a year and then he just showed up and pulled this mess.
Dear tasha,
CAn you tell me the name of your state?
Kansas city missouri jackson county
Dear Tasha,
In the absence of a written agreement or court order, custody is legally considered to be joint legal custody, with each parent having equal access to the child.
Interfering with that parental right is called interfering with custody.
in the first instance, you could file a report of kidnapping against the mother, but you said you went to the police. You should go to attorney if the police would not pursue a kidnapping charge against the mother.
In addition, your ex, if he has your child, is required to provide you access to the child else he is in violation of at least two laws. Please read: http://www.scottlawfirm.com/custody.htm
Further, the behaviors you have discussed of your ex, are significant enough to warrant a change of custody to you,and potential for his total loss of parental rights.
Using our site will not be sufficient for you. YOu need to absolutely retain an attorney.
I have a restraining order right now and the police turned my son over to me tuesday.i have a hearing september 3rd
Dear TAsha,
In that case you seem to be in good shape right now. His and his mother's actions actually jeaporidzed their position.
I do not think you have anything to worry about.
Please see this: http://library.adoption.com/articles/grounds-for-termination-of-parental-rights-missouri.html
Attorney
JD