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Can I get him from daycare?

My ex and I are going through a custody battle. I let him take my oldest for Christmas (only mu oldest cause the other BFs). Thanks god he didn't take both cause now he won't give DS back and has him in daycare. He won't tell me which daycare. He wants to sit and talk to me tomorrow night. I was curious, if I did find out what daycare he is in, can I pick him up? What do I need to do so? I have told my ex I just want to be able to see him and have my time as well. I want to half everything with the kids, I don't understand why he is doing this.

Edit: there is no custody agreement.

Answer Question

Asked by Anonymous at 11:22 AM on Jan. 12, 2011 in General Parenting

Answers (15)
  • If you're the legal custodial parent, yes you can.

    Answer by Anonymous at 11:23 AM on Jan. 12, 2011

  • Even if you found out which day care, you may not be able to take the child. In some states, Illinois and Wisconsin that I know for sure. The only way a day care or school will not release a child is if there is a court order that the other parent can not pick up the child. You really need to contact an attorney because what your ex did can be considered parental kidnapping.

    Answer by tyfry7496 at 11:25 AM on Jan. 12, 2011

  • yep you can since you are mom he would have to get a legal paper saying that you could not

    Answer by rebeccadac at 11:27 AM on Jan. 12, 2011

  • You sure can. Just like you werent given your child back you can go right on in there and get him. Unless there is a custody arrangement saying you dont have custody then both of you have equal rights to the child by law until a judge says otherwise. All you do is go in there, tell the daycare what happened, and tell them you will call the sheriff if they refuse to give your child to you.

    Answer by gemgem at 11:27 AM on Jan. 12, 2011

  • Find out what daycare and call your attorney and have them go with you to pick up the child and don't let him have the child back until there is a court ordered custody agreement.

    Answer by scout_mom at 11:27 AM on Jan. 12, 2011

  • you can call the police too. yes, what he did may be considered kidnapping, since he has him in care and will not tell you where. Get it on record (paper trail), as this will not look good on his behalf in court.

    And unless he has full or sole legal custody, or a restraining order (papers signed by a judge) then you have the right to pick up the child and though the daycare may try to stop you, they have no legal right to.

    Answer by boobarandbell at 11:29 AM on Jan. 12, 2011

  • If there is no order in place giving him full custody then yes, you legally have the right to her. However, I can tell you as a provider that if a woman I did not know showed up to my house asking for a child, I am obviously not going to let her take it. It's just not going to happen without an ok from legal authority. You need to get some legal advice.

    Answer by Anonymous at 11:32 AM on Jan. 12, 2011

  • When my kids went to daycare they told me that they can only release the children to people that I approve and authorize, and if someone showed up who was 'not on the list' they would not release them-- no matter the relation to the child. I think you should consult a lawyer about this and do it BEFORE you meet with the ex. Good luck!

    Answer by MizLee at 11:32 AM on Jan. 12, 2011

  • No custody set then, you can but system may or may not help since he has as much right as you at this point but since he is keeping son from you/hiding him you may be able to get some CPS worer to go check on son at dad's home, or even a county prosecuter/attorney to file charges for him to produce child and give reason why he is hiding child from you, this is causing your son emotional harm by keeping him from the parent he lives with.

    Answer by kingkongsmom at 11:36 AM on Jan. 12, 2011

  • Yes you can. Call every daycare tell them that you have legal rights. Pick him up and don't let either child go with him until there is a legal agreement

    Answer by JLS2388 at 11:44 AM on Jan. 12, 2011

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