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Update to Earlier Post

In case you missed a early post here's the situation:
My friend kicked her SO out because all they did was fight a while ago, they have a 4 month old son (Hunter), she has him watch Hunter 5 days a week at at least 2 nights a week, she called him for help on the nights she needed help with as well. They have not gone to court for custody, she wanted to avoid court. He had Hunter for the weekend as she had to work Sunday and she thought it would give them more time to bond.

She went to pick him last night and he told her that she could not take Hunter, he would allow her visits with him but he had to supervise until they went to court. She called the police they told her there was nothing they could do. She filed a petition in court first thing this morning, she talked to a lawyer, he said that since her ex has had Hunter for the amount of time he has that it is likely that she will only get visitations.

She thinks he will have his parents watch Hunter while he is working over night tonight, if she shows up there with the police, while the father is not there will she be able to take Hunter? She just thought about doing this. She is distraught, she did not go to work today, she can hardly stop crying.

Any advice is appreciated!

Answer Question

Asked by Anonymous at 6:21 PM on May. 23, 2011 in General Parenting

Answers (7)
  • She may be jeopordizing any chance she has of custody by creating problems.

    Answer by meooma at 6:26 PM on May. 23, 2011

  • If she has anybody else to watch him like her family I would tell her that if she gets to get him tonight and get him to daycare if she doesn't. Men are known to go crazy when a woman leaves them.

    Answer by SMITxsM2 at 6:31 PM on May. 23, 2011

  • if she goes and takes the baby she could loose custody.. because there is no custody order and she didn't file for child support tey both have equal rights to the baby.. especially if the baby carries his last name and the father is on the birth certificate... she could risk going and getting him but she better be ready to hide when she does... and needs to call a lawyer ASAP!!

    Answer by girlglow6 at 6:48 PM on May. 23, 2011

  • i know this, was almost arrested when my ex took my son from me when i let him spend the weekend with his cousin.. took me 6 months to get him back and a year to get custody... dig up anything and everything on him thats possible and tell her to keep a handwritten log of every conversation they have, keep e-mails voicemails and write it all down... AND I MEAN EVERYTHING WRITTEN... from a 10 second call to a 22 min visit.. write it all down and find out everything you can about the dad and take it all in to court.. doctor appointments sick care all of it doent matter what it is, write it down...

    Answer by girlglow6 at 6:55 PM on May. 23, 2011

  • are they married? If not then she is the only custodial parent and she can go get him. You said she filed for custody when does she have court?

    Answer by pinkdragon36 at 7:08 PM on May. 23, 2011

  • They are not married, he is on the birth certificate. She tried to file for an emergency hearing but was denied. She was told she will get court papers in 2-3 weeks.... Please Bump this, I am trying to get as much info and insight into this as possible, she talked to a lawyer today, he said she has little hope! She has been keeping a record of the visits, she is really scared because last week Hunter spent more time at his fathers house than with her.

    Comment by Anonymous (original poster) at 7:39 PM on May. 23, 2011

  • not being married does not make her the custodial parent if she never filed for child support... i learned this the same way she is now learning it, because there is nothing the police will do if there is no child support order or custody order and if she goes over and tries to take the baby now that court proceedings have been started she can be arrested for kidnapping... and then you get to stand there and watch your kid be taken away from you.. and she should talk to another lawyer who is willing to fight for her, not tell her that because she works and has let him watch his son so she can have a life or while working that she doesnt stand a chance..

    Answer by girlglow6 at 11:16 PM on May. 23, 2011

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