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    MSHAIA's Avatar
    MSHAIA Posts: 1, Reputation: 1
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    #1

    Oct 14, 2008, 01:21 PM
    Parents never married, no custody order. Father won't return child
    My son is 12 years old today! We are originally from Indiana. Moved to California 3 years ago. My son stayed in Indiana for a year with his paternal aunt while I got on my feet here. His father was in prison from the time my son was 4 months old until about 5 months ago. A couple of days prior to his fathers release I put him on a plane back to Indiana to stay with his aunt until the end of school so he would be able to get to know his father while under the care of his aunt. My son decided he wanted to go to school and stay with his father for this school year as well. With a broken heart, I agreed. About 10 days ago, I get a text message stateing I needed to buy him a ticket that he was too much to handle and they couldn't handle it. I spoke with my son that evening and he informed me that his step mother told him he would have to go to foster care if I couldn't afford to buy him a ticket. Of course I told them I would find a way to buy a ticket. But that might take a few days. Then two days ago I called his father and was told that they were putting my son in boot camp. (he has emotional issues not behavioral- he needs counseling not boot camp) I said no, I want him out here and would place him into counseling. They agreed. Then the next night they send another text saying they are keeping him and putting him in counceling in Indiana. I want my son back here with me! Neither his father or step mother have any other children. So I am not sure they quallify as parental experts. Not saying I am either! The decision to let him go in the first place was obviously not one of my best! I am not sure where I stand legaly as far as my ability to make him send my son back to California?:confused:
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Oct 14, 2008, 03:15 PM
    Quote Originally Posted by MSHAIA View Post
    My son is 12 years old today! We are originally from Indiana. Moved to California 3 years ago. my son stayed in Indiana for a year with his paternal aunt while i got on my feet here. His father was in prison from the time my son was 4 months old untill about 5 months ago. A couple of days prior to his fathers release I put him on a plane back to Indiana to stay with his aunt until the end of school so he would be able to get to know his father while under the care of his aunt. My son decided he wanted to go to school and stay with his father for this school year as well. With a broken heart, I agreed. About 10 days ago, i get a text message stateing i needed to buy him a ticket that he was to much to handle and they couldn't handle it. I spoke with my son that evening and he informed me that his step mother told him he would have to go to foster care if I couldn't afford to buy him a ticket. Of course I told them I would find a way to buy a ticket. But that might take a few days. Then two days ago i called his father and was told that they were puting my son in boot camp. (he has emotional issues not behavioral- he needs counseling not boot camp) I said no, i want him out here and would place him into counseling. They agreed. Then the next night they send another text saying they are keeping him and putting him in counceling in indiana. I want my son back here with me! Neither his father or step mother have any other children. So I am not sure they quallify as parental experts. Not saying I am either! The decision to let him go in the first place was obviously not one of my best! I am not sure where I stand legaly as far as my ability to make him send my son back to california?:confused:

    Is there a custody order and what does it say? At this moment the person who has the child controls the child. You will need to get an Order to get your son returned and you will need an Attorney to do so. It sounds like your son has gone from here to there and back again and I'm not so sure that will look good for either one of you.

    The Court will have to decide.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Oct 14, 2008, 04:48 PM

    This is a issue for family court, I did not see if father was on birth certificate or not. If he is on it, then he has full rights to have the child. Next this is a matter you have to fight in court over.

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