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Roger, Attorney
Category: Family Law
Satisfied Customers: 31733
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I called my husband and told him I was returning tomorrow and

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I called my husband and told him I was returning tomorrow and will pick up my son to bring him home. He has threatned to not let me see my son until January. My husband has my son at his mother's house. This is NOT my son's home! Can he keep my son from me? What should I do to get my son back ASAP?
Submitted: 5 years ago.
Category: Family Law
Expert:  Roger replied 5 years ago.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.


Is there a custody or visitation order in place?

Customer: replied 5 years ago.
No we have no divorce or seperation filed, I left to get away to have time to think about our situation. If I was going to do seperation,counseling or divorce. I told him I was going to take my baby with me and he asked for him to stay home with him. Then 2 days later I got a call from my oldest son (not his biological child) stating that my husband had packed some of his and the babies stuff and was going to stay at his mother's house. He texted me the next day telling me he wanted to do counseling and save our marriage. Today I tell him I'm willing to do the same and I will be home tomorrow and I would pick my son up from his mother's,he was welcome to come home as well (I never kicked him out,he left on his own). He then told me I was not picking up my son and he was getting me for ABANDONMENT and he will not be letting me see my son til January! I'm in tears! PLEASE HELP!!!
Expert:  Roger replied 5 years ago.

Unless there is a court restricting a parent's right to the child, each parent has uninhibited rights to the child. Thus, he is not in violation of any law or court order by doing what he's done. You would have to file for legal separation or divorce and ask for a temporary order granting you custody.



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