Custody agreements?

Brittani - posted on 11/02/2011 ( 20 moms have responded )

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Ok me and the baby daddy has been split up for bout 2 months i only get to see my son as long as its convenient for him if i try to keep him a weekend that i have him can he get me for kidnapping and there is no custody agreement

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If there is no custody agreement or court documents whatsoever yet.... then you both have equal rights. You have just as much right to take your son as he does. The next time you get to see your son, you go and file for temporary custody. Ideally you would both work together for a mutual custody agreement, but if he's already threatening you w/ kidnapping crap.... that doesn't sound very likely at the moment. Barring any abuse, your son has an equal right to know and have a relationship w/ BOTH his parents. Most courts (that I know of, at least) will set joint custody. What your ex is currently doing to you is NOT right.

Sharlene - posted on 11/02/2011

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Look going through mediation is better then going to court believe me if you's can resovle this through mediation that would be better for you and the father and the child .course when you go through the courts everything i mean everything come out the layers will make you and him that small .Im talking about my past experience with my ex that was a bastard ,sorry .best of luck what ever decison you make.

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Brittani - posted on 11/03/2011

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hes not controlling and we havent had any time to get things figured out yet and he has him bc i dont have the money to support him like he does

Debi - posted on 11/03/2011

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I agree with Heather. Keep your son, then go to court. It sounds like he's trying to bully you. Is he a controlling person?

Heather - posted on 11/03/2011

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Nope, you can keep your son and then go to the court house for emergency, temporary custody. He can't get you on kidnapping when there is NO custody agreement! WHY does HE have your son anyways??? You should have him. Keep him, then go to court and file the paper work I told you about. It doesn't cost much money to do.

Debi - posted on 11/03/2011

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Get to an attorney (before he does) and get a custody agreement drawn up. and NO, if you have no agrement, you can't break one that doesn't exist. Check out legal aid if you can't afford an attorney. But do it.

Hollie - posted on 11/03/2011

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You need to get something in writing asap. My husband and his ex have had it spelled out in writing since they split, but we still have trouble with her. So, not saying that it will solve everything, but it will help you get more time with your son.

Amanda - posted on 11/03/2011

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If there are no custody agreement (in many cases) you both have joint custody to the child. You have as much right to your son as your babys daddy does, therefore it is not kidnapping. I agree with the other ladies get to court, and file for custody. You dont actually have to see a court room if you both can come to an agreement, then you just get the papers filed at the court house.

Ez - posted on 11/03/2011

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Is there a reason you don't have custody of your son? In the vast majority of cases, barring any addiction, abuse or mental health problems, mothers are the primary carers in the case of separation. So why don't you?

Until there is a custody arrangement in place, whoever has physical custody of the child has all the rights. That means either of you could bolt with him and the other would have no recourse. Which is why there needs to be something formalized through the courts, to protect everyone.

Medic - posted on 11/02/2011

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He cannot get you for kidnapping if there is NO legal agreement. Why does he have him anyways?

Sharlene - posted on 11/02/2011

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Mediation means you or wont have enter court thats only you's both agreed to it if not take him to court , sit down with and and mention it if go and seek legal advise. kick his bum i really wish you the best of luck.

Brittani - posted on 11/02/2011

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and then like we just found out today that my son has a missing chromosome 15 which comes in pairs and hes not talking he has been havin therapy for the past year and a half and his dad has a speech impedament will he ever talk?

Sherri - posted on 11/02/2011

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Whether you like it our not it is for everyone involves best interest and protection.

Brittani - posted on 11/02/2011

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he tries to keep him from me and i hate the whole court thing we was split up last year to and he was ok with lettin me see him

Sherri - posted on 11/02/2011

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No he can't but you better get your butt to court and have it put on paper legally. Because he can keep your son right now and not give you any access and you don't have a leg to stand on either without that court paperwork.

Sharlene - posted on 11/02/2011

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Hi . you need to come to agreedment on paper through the courts of parental rights .you's both can put your own opininons of what you's both want ,seek legal advise the take it to court ,No and he cant get u arrested for kidnapping your the child's parent too believe me past experience with my ex,best of luck kick his bum court darls,cheers

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