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It is unfortunate that the agreement you have will not allow the police to help you.
However, I suggest you will need to go to the court in the county where you live and file to have an emergency hearing for temporary custody. You can get the documents to file on your own from the clerk of the court - explain what has happened and that you want a Temporary custody emergency hearing.
Then I suggest you consider consulting with a local attorney to file for a divorce, get child custody, child support and maybe even alimony.
I am sorry he has done this to you. What a terrible thing to do to the child.
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Is the agreement that he signed in court in Germany valid in the U.S.? At the minimum wouldn't it be a legally binding agreement since we both signed it in front of our lawyers.
You should definitely use that in the temporary hearing to show the court what a Jerk he is and how he is not on the up and up and wants to try to do things against the best interest of the child
So it is binding in that respect. But it is not binding in the respect that the police will assist. It must be taken to civil court to get this straightened out
He said that I would never get to see my son again, so I'm wondering when or how is it considered kidnapping? I know that one parent can kidnap their child, so when would it be considered kidnapping?
It is only considered parental kidnapping when there is a US Court Order stating that one parent has custody and if the parent who has visitations does not bring back the child.
But your German agreement is not valid and so you need to go to the court, as I suggested and get the US court to get the order.
You can do that tomorrow. You can go to the clerk of the court in your county and explain the matter and request and emergency hearing. The court may grant you a temporary custody order and then you can get the sheriff to go get your son