my sons father kidnapped him

Shana - posted on 05/15/2016 ( 27 moms have responded )

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My sons father kidnapped him from my home six years ago I was in the hospital giving birth to my other son and my mom and dad had my kids and my sons father took him I have full custody of my son when I got out of the hospital I called my local sheriff department they took a report but later on that night the detective called me and told me there was nothing they could do because he has rights just like I do which I think that's wrong and I wanted to know if anybody thinks I can sue them for violating my cival rights I still haven't seen my son til this day

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Raye - posted on 05/16/2016

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If the court order says you have sole custody, and the father has no rights, then the police should have helped. If they didn't, you should have filed contempt charges against the father in court. If the father's rights have been stripped, but the mother still provided the father any kind of access to the child, then there's precedent that the father can be with the child, and the police would rather it go back through the courts for clarification. I don't know why you let it go for 6 years. You should have been asking anyone and everyone how to get your child back. Now, talking to a lawyer is your best bet.

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♫ Shawnn ♪♫♫ - posted on 05/19/2016

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You go ahead and let me know when they're doing your interview, what station, etc...and we'll see if that actually happens

♫ Shawnn ♪♫♫ - posted on 05/19/2016

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You keep saying that, but if you truly had legally gotten custody sorted and had paperwork then you wouldn't be being stonewalled by law enforcement.

Shana - posted on 05/19/2016

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Well I'm in Mississippi and when he took my son I had legal and physical custody of my son

♫ Shawnn ♪♫♫ - posted on 05/19/2016

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Generally, in cases like these, there really is NO custody paperwork, just someone's word.

If court orders were in force, then law enforcement would be able to do something. The only way that they would NOT, is if there were conflicting court orders. If the child's father filed in his jurisdiction, then law enforcement would tell you both to sort it through the courts.

Shana - posted on 05/19/2016

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I was at the police every day they still did nothing and now I went to the fbi and the atternal affairs has the case

Sarah - posted on 05/19/2016

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I believe you but it makes no sense at all. I struggle with why you have waited 6 years to address this? I would have been at the police department with the custody order every single day.

Shana - posted on 05/16/2016

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I said the same thing but all of my sons father people worked in the sheriffs department and it was a lot of corruption

Sarah - posted on 05/16/2016

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I simply don't get why the police refuse to act on your behalf. If a stranger took him, they'd act right?

Shana - posted on 05/16/2016

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I have full custody of my son I have already to court long time ago his father has never been there he's been in and out of jail and when he got out he kidnapped my son

♫ Shawnn ♪♫♫ - posted on 05/16/2016

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Do you have LEGAL custody, granted by a judge in a court of law? Doesn’t sound like it, if the law can’t retrieve the child.

You may THINK you have legal custody, but a child is not a possession, and therefore just because the child lives with you the majority of the time does not mean you “have custody”.

Why do you think it is “wrong” for a child’s father to have the same rights that the child’s mother does? They contributed to the creation of the child, and the child’s got 50% of their DNA, just like they do yours. It is not a violation of your “civil rights”. It’s an assertion of HIS parental rights!

I'm sensing a very strong sense of "I WANT TO HAVE A COURT ORDER, but I don't..., but I'm going to SAY I have one..." The thing that makes me think this is this statement: " I am a single mother of 6 kids I couldn't afford to get an attorney"

Sarah - posted on 05/16/2016

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While I don't know the statute of limitation on kidnapping your own child, I wonder if anything will be done after 6 years. You actually have not seen this child in 6 years? What is done is done. What do you hope the outcome to be? Unless you were constantly calling and pushing regularly for the return of your child, I would think you are not going to get compensation for the lost years. Why did the matter get left be? did you trust the father to raise him? Were you too busy with the other kids? Are you certain this was a kidnapping case and you did not misinterpret the rights of the father?

Shana - posted on 05/16/2016

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Well I just left talking to the fbi and they told me they finna turn my case over to attorney of affairs because someone suppose to have done something about my son being kidnapped

Sarah - posted on 05/15/2016

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If what you describe is accurate then you do have ground for a civil suit. Go get a consultation with a lawyer. Those are usually free is there is a potential suit. You'll need to produce the court order that denies dad access to his child. The police don't just ignore a court order, they would have gone to the father's home and taken the baby back. I hope you find a resolution.

Shana - posted on 05/15/2016

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Nothing after I went to the police I didn't know where else to turn to I called dhs they told me call the police I am a single mother of 6 kids I couldn't afford to get an attorney and I don't understand why the police did nothing

Sarah - posted on 05/15/2016

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This makes no sense. If a stranger had taken your kid then the police would have acted. So unless the order really does give him access to the child in the event you cannot parent; they were obligated to act. I like to know to what has been done to try to return your child to you in the last 6 years.

Shana - posted on 05/15/2016

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He put a picture of my son on Facebook and I seen it so I contacted the fbi I'm meetings with them on tomorrow

Dove - posted on 05/15/2016

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If you have a court order giving you full custody... the police would have gotten involved. If it's been 6 years what else have you been doing to find your child? Get a lawyer? Hire a private investigator?

What does your court order say about his rights to visitation?

Sarah - posted on 05/15/2016

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Then you should have called the cops, and gone up the chain until someone responded. They cannot refuse to act if a crime has been committed; why was the FBI not contacted.
Does your order deny him all access? does it name you a primary custodian or sole custodian? What visitation or custody did dad have?

Sarah - posted on 05/15/2016

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Did you have a legal court order, signed by a judge that made you sole custodian was the father stripped of his rights ?

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