my son

Amber - posted on 06/04/2016 ( 20 moms have responded )

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i have a document from the court saying i am my son legal custody of my son but his dad took him out of the state ohio and moved to ky and everyone i talk to says i can go get him but the law says i cant i had him in ohio yesterday and the ky law said if i didnt bring him back to ky that they was going to charge me with kid napping when they gave him to me yesterday and his dad never took it to court or anything what can i do?

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Sarah - posted on 06/04/2016

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"When it comes to jurisdiction, a magistrate takes care of a limited jurisdiction only. This is one of the most important differences between a judge and a magistrate. In other words, it can be said that the jurisdiction of magistrate falls within the state, province, or a district or a very small area for that matter."
This is exactly why there are hundreds and hundreds of posts and responses that say; get your support, custody and visitation settled and signed by a judge.
What you are dealing with now is the sentiment that "possession is nine-tenths of the law" your husband had him and you took him. If you had called the Ohio police when you had him and did not want him to go to KY, they may have sided with you. You need a lawyer, pronto.

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Sarah - posted on 06/04/2016

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My sis is a cop, I asked her if she were presented with this scenario what would she do; she said "if the kid is in (our state) and the other parent has no order to state custody, then we would tell the parent not holding the kid that they must leave the child in (our state) until a judge rules otherwise.
Amber, you need a better lawyer; why on earth did he tell you the signature of a magistrate was enough to enforce federal law?

I agree; we are not getting the true story.

Dove - posted on 06/04/2016

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You say 'KY law'... which leads me to believe police, but I don't know anywhere in the US that the police will get involved in custody disputes unless there is a very specific court order involved...

Dove - posted on 06/04/2016

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Who in KY is saying you would be charged w/ kidnapping and why hasn't your lawyer talked to them to get the whole story?

Amber - posted on 06/04/2016

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i have talk to my lawyer and she said that his father has no legal rights to him because he has never taken it to court to get his visitation rights and that he was to come back home with me.

Dove - posted on 06/04/2016

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Then talk to your lawyer. They'll know a lot more than random people online.

Amber - posted on 06/04/2016

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i have a lawyer and i was never married to this man he took him from me and moved to Ky and we was living in ohio at the time

Ev - posted on 06/04/2016

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Your custody order was not signed by the judge. A magistrate does not have the legal jurisdiction that a judge does that is why and also you are from one state and his dad is from another so the laws in both states are going to work on the side of the parent residing in them.

Amber - posted on 06/04/2016

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the ky Law gave him to me yesterday and then turned around and dont me to bring him back to ky

Ev - posted on 06/04/2016

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Is your document a court order for custody, visitation, and child support form dad? Did dad file for custody in another state?

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