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Bad Father?

Posted by on Apr. 5, 2014 at 5:23 AM
  • 12 Replies

My son's father refuses to let me see our 3yr old son....this has been such a battle. I live in central Fl and the laws here are insane.I know this is personal and i also know im not the only one out there with family issues. We were NEVER married and ther is NO COURT ORDER FOR CUSTODY AWARDING EITHER OF US CUSTODY. He took my son for a short time like we agreed on and i have not been able to get him back because in Fl, he doesn't have to give him back oe eveb let me see him. Im outraged! Ive gotten law enforcement involved and they wont do anything. However i did find this:


The 2013 Florida Statutes

Title XLVI
CRIMES
Chapter 787 
KIDNAPPING; FALSE IMPRISONMENT; LURING OR ENTICING A CHILD; CUSTODY OFFENSES
View Entire Chapter
787.03 Interference with custody.
(1) Whoever, without lawful authority, knowingly or recklessly takes or entices, or aids, abets, hires, or otherwise procures another to take or entice, any minor or any incompetent person from the custody of the minor’s or incompetent person’s parent, his or her guardian, a public agency having the lawful charge of the minor or incompetent person, or any other lawful custodian commits the offense of interference with custody and commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) In the absence of a court order determining rights to custody or visitation with any minor or with any incompetent person, any parent of the minor or incompetent person, whether natural or adoptive, stepparent, legal guardian, or relative of the minor or incompetent person who has custody thereof and who takes, detains, conceals, or entices away that minor or incompetent person within or without the state with malicious intent to deprive another person of his or her right to custody of the minor or incompetent person commits a felony of the third degree, punishable as provided in s.775.082, s. 775.083, or s. 775.084.


Anyone have any advice???? 
by on Apr. 5, 2014 at 5:23 AM
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Replies (1-10):
MagicMonkey
by Member on Apr. 5, 2014 at 6:20 AM

Omg Im so sorry!

polkaspots
by Bronze Member on Apr. 5, 2014 at 6:27 AM
1 mom liked this
Is he on the birth certificate? Why didn't you go to court to deal with custody and visitation? Are you going to now?
According to that bit your ex is committing a felony, so I'm not sure why you're being given the run around. Keep going to the cops, get a lawyer.
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mommy4life15
by Member on Apr. 5, 2014 at 7:42 AM
First you need a temporary injunction from a judge stating you have custody. Quit trying to get law enforcement involved until you have an order from a judge. I would bring anything with you claiming he has been in your custody, shot records, physicals, school records. Anything! In Florida mom always gets custody unless a they can prove you unfit.
askyourmother
by on Apr. 5, 2014 at 8:32 AM

How long has he had him? Is he on the birth certificate? You can still file an emergency custody order to get him back.

schaffermommy85
by New Member on Apr. 5, 2014 at 7:35 PM

I am going to court in the 14th for Mediation. He's had him almost 3 months because it happened around Christmas and since then ive been fighting but im sure the fight is very close to over. I have text messages where he said he will NOT give me my son back EVER. Hes just being ridiculously unfair. Everything seemed fine but thats where i went wrong....I'm trying to stay positive :)

MzButterfly30
by Member on Apr. 5, 2014 at 8:29 PM

Im sorry I would have went and got an lawyer and went to court just to get the record set so nothing like this would come about...Sorry this is happening to you.. Get Legal help.!

beadingmom17
by Bronze Member on Apr. 5, 2014 at 8:57 PM
1 mom liked this
This is why it is SOOOOOO important to have a formal custody order in place! You need to go file for emergency custody. Once you have an order in place, then you can contact the police if he won't give him back. With no custody order, he has as much legal right to have your son and keep him as you do.
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Mom2Just1
by Mom2boys on Apr. 5, 2014 at 9:03 PM

This is why court orders need to be in place.  You're both legally and biologically his parents and both have rights to him.  It is no longer just mothers who have rights to their children, which I am glad for nowadays.

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Mom2Just1
by Mom2boys on Apr. 5, 2014 at 9:03 PM

I don't think it makes him a bad father. WE wouldn't call mothers who do the same bad mothers...

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mamamiajk
by Platinum Member on Apr. 6, 2014 at 9:40 AM
1 mom liked this

If there is no custody order....YOU are the proven parent. I would get a good lawyer....Hugs

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