The mother of my son when I wasn't able to be around gave my son to my aunt by marriage and its been 2yrs since she had him I didn't agree to any of that am I able to just go over there and get my son mind you I have had contact with my son but the person just refuses to give him to me

"Gave" the child to your aunt by marriage? No, you can't just go over and pick up the child.

Go to Court and ask for custody.

How long has the aunt had the child? What have you been doing to get visitation with the child and how much are you paying for suppport?

Has DNA testing been done?

This really should be posted in the legal forum, but since it isn't, I'll give you advice, but not legal advice. I'm not a legal expert. If you want legal advice, you'll need to post this in the legal forum, not the parenting forum.

I have a few questions;

Why weren't you able to be around your son?

Why has it taken 2 years for you to finally decide to be a father to a child you don't even know?

Are you doing this for your son, a child that has been with your Aunt for 2 years, and has grown accustomed to being with your Aunt, has formed a bond with this woman, or are you doing it for yourself?

Are the issues you had for the last 2 plus years, now resolved?

Can you care for a child?

Can you handle the fact that the child will likely long for the woman that raised him, that this will be very traumatic for him?

I'm not a legal expert, so I can't give you legal advice, but your Aunt has guardianship over your son, so no, you can't just go and take him. That would be kidnapping.

You abandoned your son, like it or not, and you will have to go through the courts in order to get him back. They'll likely look at the reason it took you this long to decide to be a father, and they'll look at the situation you're in now (working, unemployed, a place to live, former lifestyle) etc.

I will assume you don't have legal custody, you can go to court and get a court order for the aunt to turn the child over to you.

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Originally Posted by missyou123

its been 2yrs since she had him

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If you had gone an taken your son home when this first happened, you might have gotten away with it. Now, no. The aunt can show proof that the child has lived there for sufficient time. Also the aunt may have some legal documentation. So you go to court and request custody.

My advice is to go to Court and ask for custody. The Court will ask you what I've already asked you - why does the aunt have the child, what have you done up until now to gain custody (and I'll throw in how often you visit), how much support have you provided?

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Originally Posted by Alty

This really should be posted in the legal forum, but since it isn't, I'll give you advice, but not legal advice. I'm not a legal expert. If you want legal advice, you'll need to post this in the legal forum, not the parenting forum.

I'm not a legal expert, so I can't give you legal advice, but your Aunt has guardianship over your son, so no, you can't just go and take him. That would be kidnapping.

You abandoned your son, like it or not, and you will have to go through the courts in order to get him back. They'll likely look at the reason it took you this long to decide to be a father, and they'll look at the situation you're in now (working, unemployed, a place to live, former lifestyle) etc.

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I don't see that the aunt has guardianship and I don't see that the father abandoned the child.

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Originally Posted by Alty

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I'm not a legal expert, so I can't give you legal advice, ...

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Neither can we "legal experts" give "legal advice" on this forum. The legal phrase "legal advice" is, technically speaking, limited to advice given by an attorney licensed in the jurisdiction to that attorney's "client". There is no attorney-client relationship formed in this forum. :)