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Michelle - posted on 07/21/2013 ( 2 moms have responded )




I am a stepmom of a five year old boy. My husband and I have had him living with us for 4 1/2 years now. We let her take him for his birthday but now she says she is not giving him back. Neither side has legal custody. What can I do?? Can we go get him? If we see him in the store, can we just take him and go??


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Ev - posted on 07/21/2013




Agree with Amy on this one. As a step mom there is not much you can do legally to get the child. This custody will be between his parents and court. You can be there and support your husband in all that goes on and make suggestions but ultimately its up to them and the court. Without that court order, you have nothing to stand on and she can do as much with him right now as your husband can do. But one thing she can not do is take him out of country without a passport, because they both have to sign for one.

Amy - posted on 07/21/2013




If there is no custody agreement set up in court then yes she can just keep him. File with court to get custody. If you have money hire an attorney to help you with the process. As far as just taking him from her I would say that's probably not in your best interest to just take him from a store.....

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