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

    Oct 31, 2013, 05:21 PM
    Mothers case dismissed father won't return child
    Father took my son and called Dss filed neglect and the judge dismissed now he doesn't want to give me back my son I have sole custody he filed for custody we agreed I could get my son an now he won't answer what can I do he is not on birth certificate
    WHYNTT42's Avatar
    WHYNTT42 Posts: 6, Reputation: -1
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    #2

    Oct 31, 2013, 06:05 PM
    How he is the father, if his name is not in the Birth Certificate? You can say goodbye to your son, for now, should he looses custody, court will give the SON to Child protective service.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Oct 31, 2013, 06:48 PM
    Quote Originally Posted by ciarrarommeney
    Father took my son and called Dss filed neglect and the judge dismissed now he doesn't want to give me back my son I have sole custody he filed for custody we agreed I could get my son an now he won't answer what can I do he is not on birth certificate
    Let me try to understand:

    • The father of your son took your son from you.
    • He also called DSS, which is the pertinent agency wherever you are.
    • In reaction to this call, DSS filed a case against you which the judge dismissed.
    • The father nevertheless refuses to return the boy to you despite having agreed to do so..
    • You have "sole custody", but the father filed for custody.


    You respond to his custody suit asking that you be awarded custody (or, if as you indicate you already have an order giving you custody, you ask that the court enforce that order).
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #4

    Nov 3, 2013, 11:04 AM
    Quote Originally Posted by WHYNTT42 View Post
    How he is the father, if his name is not in the Birth Certificate? You can say goodbye to your son, for now, should he looses custody, court will give the SON to Child protective service.
    Have you never heard of an acknowledgment of paternity? They are often signed after the birth certificate is recorded so the father may not be listed but is still the legal father. There are also other instances where a man can be the legal father and still not be listed on the birth certificate!

    To ciarra,
    If the DSS case went to court, the court should have issued an order to return the child to you. I would go back to that court and either get a copy of the decision or an order from the court. Take that to pick up your son. If the father refuses to hand him over, call the police and ask them to enforce the court ruling.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Nov 3, 2013, 02:30 PM
    Quote Originally Posted by ScottGem View Post
    ...
    To ciarra,
    If the DSS case went to court, the court should have issued an order to return the child to you ...
    I didn't see that she wrote, in her post, that there ever was a custody decree. A DSS case for neglect probably wouldn't be a case for the award of child custody (between the parents). So, in all likelihood, the father wasn't a party to that case and therfore an order wouldn't be issued against him.

    It would be nice of OP would come back and explain.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #6

    Nov 3, 2013, 02:59 PM
    Quote Originally Posted by AK lawyer View Post
    I didn't see that she wrote, in her post, that there ever was a custody decree. A DSS case for neglect probably wouldn't be a case for the award of child custody (between the parents). So, in all likelihood, the father wasn't a party to that case and therfore an order wouldn't be issued against him.

    It would be nice of OP would come back and explain.
    She said the "judge dismissed", which would indicate it went to court and wasn't just dropped by DSS. I would think the judge would order the children back to custody of the mother. I'm guessing the father filed for custody because he lost with DSS.

    Yes its unclear. That's why I suggested going back to the court for a copy of the judge's order or a request to issue an order to return the children.

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