drgnldy91
07-26-2006, 08:07 PM
On verbal aggreement, I left my 2 year old son with his father visitation, but when I went to pick him up, my son'e father refused to return him to me and threatened to call the police if I tried to get him back. We were never married, and have never been to court to establish custody or visitaion. What are my rights, and how do I legally make him return my son to me? I am in California. Any help or legal links most appreciated.
Les
lilmama23
07-26-2006, 10:13 PM
since ya'll are not married u have more rights than him...
elklaw
07-27-2006, 07:14 AM
I suggest that you call the police to go with you to pick up the child and take folks with you who can attest that you are the custodial parent; after that, file for custody of the child with the fahter only getting supervised visitation.
mommyof4
07-27-2006, 09:15 AM
If you were never married and there is no order stipulating custody, you are the rightful custodial parent. He has no rights until he sues for custody/visitation and is granted them by a court. Go get your kid.
Zephyr
07-27-2006, 10:19 AM
yep- I agree with everyone else....is the child in daycare or anything while dad works? it may be less volatile if you were able to pick the child up from a third party situation.
mommyof4
07-27-2006, 10:39 AM
Just another thought, if he continues to withhold the child from you, you can charge him with kidnapping. Is he even the LEGAL father? Has paternity been established for child support?
destinyfaith
07-27-2006, 12:15 PM
I'm sorry but I have been through this whole ordeal before with my childs father. Since there is no court order then he has every right to have his child. Until one of you decides to take the other to court. I know that stinks but I went through this first hand. I had to trick him into giving my child back. I live in CA and have been dealing with this for the past 6-7 yrs. Take him to court on an emergency hearing find a good lawyer. Good luck