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my sons dad has physical primary residency what can i do?

My son and I moved out of state awhile back and we just moved back home. My ex throws these papers in my face and takes my son away for the week... I'm a wreck, I was never served nothing.... I wanna go for full custody with him weekend rights how hard will this be to fight in court after its already been established? To top it off we don't even know if he's really his dad he just signed the bc... I know mistake on my part...

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Asked by Anonymous at 2:23 PM on Jul. 22, 2010 in General Parenting

Answers (5)
  • Get some legal help. If you don't have a lawyer or know of one Google your state name and bar association. Call them and see if you can get some help.

    Answer by elizabr at 2:25 PM on Jul. 22, 2010

  • Go get an attorney! I would also demand a paternity test just to be on the safe side.

    Answer by Jademom07 at 2:25 PM on Jul. 22, 2010

  • I am also going though a custody battle, and basically you have to prove that there have been a significant chaange in circumstances since the order has been established

    Answer by skittles1108 at 2:26 PM on Jul. 22, 2010

  • Nothing you can do right now, but let him have your son. You should contact a lawyer and see what you can do. If you want a paternity test, then pay for one.. But if he isn't the father, do you know who the father could be?

    Answer by xxlilmomma09 at 2:27 PM on Jul. 22, 2010

  • When you take off with a child the other parent can take you to court after notifying you through the newspaper. If you don't show up to court you loose by default. If he has been co-parenting this child and helping with this child then he is a parent and you can't take the child away just because you lost primary custody. All you can do is get an attorney and try to get custody back but, since you didn't show up to the first hearing you won't be looked well upon. My husband got custody of his wife's son without even knowing him because she didn't show up for court. My husband told the judge the child wasn't his and the judge still granted my husband custody. This was 3 years ago and I have since adopted him.

    Answer by matthewscandi at 2:31 PM on Jul. 22, 2010

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