Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

2 Bumps

can i go to jail for keeping my son in another state

i came to maryland to visit my father and i brought my two year old son with me i have been looking for a way to get away from the babys father for a long time and i see this as the only way out but im scared that he is going to say i kidnapped his son we are not married and there is nothing written down as to who has custiody his father lives in chicago and we are in maryland i just dont want to get introuble but i want to provide a better life for my son

Answer Question
 
vicsmama91

Asked by vicsmama91 at 8:51 AM on Oct. 12, 2012 in Relationships

Level 2 (4 Credits)
Answers (11)
  • As far as I know, If there's nothing in writing that he has any form of custody, then no, you can't get in trouble. If the Father is on the birth certificate, and he wants any kind of visitation, then it's on him to get an attorney, and get it in writing. In the mean time, you may want to consult with an attorney, just to be sure you're not doing anything wrong.
    MrsLeftlane

    Answer by MrsLeftlane at 8:56 AM on Oct. 12, 2012

  • I will consult an attorney to be sure. Protect your bases before he pulls something. Good Luck
    Alisim

    Answer by Alisim at 9:05 AM on Oct. 12, 2012

  • No, you won't go to jail. But he can file an order mandating that you return to his state and then you'll spend a few thousand dollars in attorney fees while you two battle it out. The best thing to do is to be a grown up and discuss your plans with the father. Like him or not, he is still your son's father. If he doesn't agree with the plans, just let him know that you're going forward with them & wait for him to file something with the courts.
    ABeaverhausen

    Answer by ABeaverhausen at 9:10 AM on Oct. 12, 2012

  • As Beaver said got to a lawyer today to file a CO to etablish custody, and child support, don't wait for him to file the first one to do so, usuall wins. You don't say if he is a good father (seperate from being a good partner) If he has been involved in your child's life I don't think it is fair to keep your child from seeing him.
    kimigogo

    Answer by kimigogo at 9:47 AM on Oct. 12, 2012

  • If there is no court order right now then you will not be arrested because you are not violating a non existent order. I would however talk with an attorney now in case he does decide to sue you for custody/visitation etc.
    aeneva

    Answer by aeneva at 9:57 AM on Oct. 12, 2012

  • You need to file for custody asap!
    robyann

    Answer by robyann at 10:20 AM on Oct. 12, 2012

  • You already have custody because you gave birth to him and since y'all aren't married he has to petition the court for rights. Every state is different but fathers aren't given automatic legal rights. Definitely consult a family law attorney before the father does.
    HHx5

    Answer by HHx5 at 10:52 AM on Oct. 12, 2012

  • He doesn't have custody, so I don't think you can go to jail. But I do think he could file with the courts to have you ordered to return to the other state, and then if you don't, I believe that would be contempt and could result in an arrest warrant for you.

    Like the others have said, I'd go see a lawyer and discuss your options.
    wendythewriter

    Answer by wendythewriter at 11:55 AM on Oct. 12, 2012

  • Talk to a lawyer but since you are not married , you have custody. If his name is not on the birth certificate, even more so. It will be up to him to file to get a blood test and or a hearing for visitation. I would still talk to a lawyer, asap
    Dardenella

    Answer by Dardenella at 12:11 PM on Oct. 12, 2012

  • Talk to a lawyer and file for sole custody IMMEDIATELY. If he files first, the courts can order you to go back for the duration of your court battle. However, if you file for custody now and your lawyer helps you to protect your right to stay away, that is the best thing for you.
    theMOMmission

    Answer by theMOMmission at 1:28 PM on Oct. 12, 2012

Join CafeMom now to contribute your answer and become part of our community. It's free and takes just a minute.
close Join now to connect to
other members!
Connect with Facebook or Sign Up Using Email

Already Joined? LOG IN