My family wants to take my son from me and my girlfriend on the grounds that I have a history or suicide and that my and my girlfriend argue sometimes, but we don't do it around our son. Last night my aunt and grandmother showed up at my house and tried to kidnap him. We called the law and filed a police report. After the fact my aunt called me and said that she would see me in court and that my son would belong to her? What can I do to prevent this? And if there is nothing I can do to prevent court proceedings then what do I need to be prepared for? I would also like to know what would consider me or my girlfriend unfit parents? Thank you so much, Jill

I will post here and get things going by giving my opinion, wyattsmommy; this is only my opinion but others will post now who know the law. Hire your own lawyer and don't let this happen if you know this person's accusations are unfounded and I hope they are.

Tick

First, your aunt made a BIG mistake by attempting to take the child by force or subterfuge. You did the right thing by calling the police and getting a police report.

It will be up to your aunt to prove that you are unfit, you don't need to prove you are fit, just to counter your aunt's claims.

You should get a therapists to examine you and report on your mental health to present to a judge. You also will probably have to submit to a home examination to see the environment you lie in.

If your aunt gets an attorney then you better get one yourself because if you go up against an attorney without legal representation you will, most likely, lose.

One of the things you present to the judge is the police report showing the aunt was willing to violate the law to get what she wanted.

Are you on the birth certificate? Has a court declared you the legal father? If neither of those then the one they will be taking to court is your girlfriend.

Next of course, there is nothing you can do to stay out of court, if they take it that far, they have the right to hire an attorney and take you to court, and try to prove you are unfit as a parent and that this puts the life of the child in danger.

So you merely get ready in case, by making sure you have been treated professionally for your problem and can prove in court it is no longer a problem and the child is in no danger from it