[smoothy]

I have not committed no federal offense. I have spoken with the police, lawyers and etc.. by no one have any court order she cannot do anything about it but take me to court.

The kid has been living with her for months... goes to visit you in a different state then poof... you don't give them back. That's what the court will see if she files against you and a warrant is issued. And I've seen interstate fugative arrest warrants issued against people that didn't even get served that they owed someone money. Something as petty as that. 2 weeks in jail before they were extradited over owing someone a couple thousand dollars over a contract dispute, that had NOT been decided in a court. Someone I know personally.

You are forgetting,. you are no more the custodial parent than she is, and given the circumstances IF she decided to file in her state... it could get very bad very quick.

Remember there is no court order awarding you sole custody. And without that... there are two sides to the argument. Your's won't be the only one.

I'm not passing judgement here either way... only pointing out that UNTIL you are awarded sole custody, the child still has a living mother that had been taking care of them... when you essentually took them to another state.

A Judge is going to look at it from that aspect... and not take a side until presented all the evidence from both sides... and based of previous arraingements and situations.

I am not saying she is right... I am not saying you are wrong, what I am saying is you are looking at the situation from your own tunnel vision view of it. Not how a disinterested judge may view it. And that can get you in big trouble.

[chauntelleary]

the kid has been living with her for months...goes to visit you in a different state then poof....you don't give them back. Thats what the court will see if she files against you and a warrant is issued. And i've seen interstate fugative arrest warrants issued against people that didn't even get served that they owed someone money. Something as petty as that. 2 weeks in jail before they were extradited over owing someone a couple thousand dollars over a contract dispute, that had not been decided in a court. Someone i know personally.

You are forgetting,....you are no more the custodial parent than she is, and given the circumstances if she decided to file in her state...it could get very bad very quick.

Remember there is no court order awarding you sole custody. And without that...there are two sides to the argument. Your's won't be the only one.

I'm not passing judgement here either way....only pointing out that until you are awarded sole custody, the child still has a living mother that had been taking care of them...when you essentually took them to another state.

A judge is going to look at it from that aspect...and not take a side until presented all the evidence from both sides...and based of previous arraingements and situations.

I am not saying she is right...i an not saying you are wrong, what i am saying is you are looking at the situation from your own tunnel vision view of it. Not how a disinterested judge may view it.

OK

[smoothy]

Find the money... get a lawyer, file for custody, and listen to their advice. But don't assume anything. And I would do it before she sobers up and tries to do it first.

[ScottGem]

It is not against the law to keep my child because no one has custody of him and nothing has never been filed in court.

That is very wrong. Absent of a court order both legal parents have EQUAL custody. If the parents are not married and absent a court order, the mother is generally assumed to have primary physical custody.

Cops don't like to get involved in civil and domestic issues. Which is why they didn't act. But you had NO legal right to refuse to return the child. You are lucky it worked out for you. Apparently the mother knew less about her legal rights than you do. At this point I believe its too late for her, but if she had returned home and went to court, I believe she WOULD have gotten a court order forcing you the return the child. We are telling you this not because we think she should have custody, but because you need to understand the legal facts.

Given the facts as you relate them I think you stand a good chance of getting primary physical custody. Not sure if you will get mot than that.

[krystim1109]

Do yo have a lawyer? Cause I would seek legal council to explain everything to you... and what everyone is saying is right, it all boils down to what judge you get, what they favor, and how you present yourself and your case


I agree with everyone else... do you have legal council? I would seek and attorney... cause it is all going to boil down to the jusge you get, what mood their in, what they believe the legal system is and how you present your case and yourself