My sons mother will not.let him spend the night wit.me shears he is to young there is no curt papers we are common law married I am on the birth certificate I don't want to take him from her I just want him to be able to stay with me some

There is no legal custody papers or nothing can I keep him wit me without getting into trouble

If you are on the birth certificate, then, absent any court orders, you have equal custody. However, if you try to keep the child from his mother, then you may have a more difficult time getting custody and visitation once you go to court.

Most areas don't recognize common law marriage anymore. ANY question on law needs to include your general locale as laws vary by area.

If you want visitation, then you need to go to court for a visitation order.

Don't want to keep him from her I have him now and going in the mornin to file ex parte then I will let her see him half the week to we go to court

Just need to know how and were and how much roughly it cost to do this

Costs vary per court. If you aren't using an attorney you will only need to pay filing fees and that varies by area.

How did you get him now? Did the mother allow you time with him with the understanding that it was for a specific length of time? If that was the understanding and you do not bring him back when due, the court will not look favorably on it.

Yes, if you did something stupid to "get him" it can hurt you in court.

You need a court order saying who has the child, for how long and other details.

She dropped him off with me and I told her is is going to spend the night with me he is my son... can she say he can't spend the night with me I mean she brings him over lets me see him for a few hours then picks him up Im not taking him from her by any means that's his mother but can she really be allowed to dictate how long he stays with me with.out a court order she has him and takes him all over the place and I never know where he is at till she allows me to see him under her circumstances

Yes, actually she can. If she dropped the child off with the expectation of picking him up later and you refuse, this will not look good in court.

If you want a set schedule and more visitation, you go to court and petition for it. Keeping the child against the mother's will is the wrong way to go about it.

Well I just talked to her she says I can keep him over night if I give her gas money and pay for a few other things I agreed and just got a money order told her to come get it now she saying no she wants to get him I told her you agreed to let me see him so now she saying let me come say good night to him... y'all don't understand this woman is crazy she gave her first child to her husband then snatched him had her brother beat the guy up when they snatched him then she hid for two years wit him and her other two children she gave them to there father because she didn't have the means to take care of them... and she still don't my son is living in a house that falling apart he's has bites on him from don't know what I didn't do nothing crazy to take him she agreed I don't know what to do I just want him to spend the night with us both agreeing and tomorrow file for joint custody I don't want to keep him from her

Yet you had sex with this woman? If the child was not being well cared for you report it to family services. You need to be smart about this. If you aren't you could lose worse.

Ill give her that she feeds him bathes him but I had a home for her a nice apartment I paid all her bills everything... then one day I go over to see him and to pay her rent she was gone... because I had been paying her rent for 4 months and I told her id pay two more months... enough time to find her a job and start paying it once she found a job id give her 200 bucks every two weeks as child support... it wasn't good enough for her she wanted me to pay rent 600 a month and give her 200 every two weeks when I said no she found a nother free ride... so as far as taking care of him she does but the home he is in is not rite and yes I should have called cps... point is he is with me now she came and told him good night... Im not going to try and take soul custody I just want him a few days a week its my rite and I will still help her out... because like you said I had sex with her Lmao its my responsibility

How old is this child?

If he is still being nursed, I don't see you getting overnights.

Look you sound like a stand up guy. You love your son and want to spend time with him and also want to support him. But you are dealing with an unstable mother. This means you need to formalize everything, document everything, dot all your Is and cross all your Ts. Otherwise the courts may side with the mother.

If you don't have an attorney I strongly suggest you get one who can advise you on the correct strategy and how do deal with the court system.

I talked to a lawyer today I am retaining him tomorrow after I get a loan... he told me until an agreement is made do not let her even hold him because even if she is iy home if she wants to leave there is nothing I can do and as far as the way I took him it is fair to the courts in my area because I have as much rights as her and because she has left with another one of her children in the past and disappeared I have good cause to keep him and not let her see him till an agreement is reached... and it looks good because we live 2 minutes from each other and I don't leave the county I can but I won't

That's good. A local lawyer knows your court system. If he feels that the courts will take into account the mother's past behavior as justification for your actions that will work.

OK just filed for full custody of my son lawyer says its best to do it that way even though I want joint because she has no money to fight she is more likely to do things equally when she hears the words FULL CUSTODY and I have a temporary order for him to be in my home till court didn't want to do it this way but she didn't want to agree

Don't worry about her feelings. You need to do what's best for your son. Sounds like that is what you are doing. And you should take comfort with that.

Good luck and keep us posted.

Thanks a lot Scott you've been a huge help and some one to talk to... are you a dad or a lawyer or what

thanks alot Scott you've been a huge help and some one to talk to....are you a dad or a lawyer or what

I'm a dad. I'm also well read and knowledgeable about a lot of subjects including many aspects of the law.

My wife took my son from me Friday the tro I have is good only if I go file a contempt order on her at a later date she has split she is nowhere in the area I live in and if they can't find her there is supposedly nothing I can do these papers I have where suppose to make sure I have my son now what do I do 3500 dollars down the drain

my wife took my son from me Friday the tro i have is good only if i go file a contempt order on her at a later date she has split she is nowhere in the area i live in and if they can't find her there is supposedly nothin i can do these papers i have where suppose to make sure i have my son now what do i do 3500 dollars down the drain

Talk to your attorney, but if she has fled with the child you may be able to have an arrest warrant issued. If so, the police will probably have a good chance of finding her.