[gafferwillett]

[smoothy]

Who has legal custody?

[gafferwillett]

I'm not sure pal we have split up and she's taken him away where do I start

[smoothy]

You don't know who has legal custody? That tells me its never been assigned by the court.

First think I would do is file with the courts to get custody.

[jenniepepsi]

Also were you put on the child's birth certificate? If not you will need a paternity test. If so, it will be easier.

[talon07]

You could also do what I did... con her into letting you visit with him Take him back with you but B4 you do file for interim custody until you can get in front of a Judge She will have to travel back to deal with IT... It is frowned upon to move a child away out side state or provincial lines without permission from the courts... you will win hands down. SHE will try to claim you took her child But you will have a court order in your hand which means YOU WIN

[Jake2008]

The only thing you can do, is go and see a lawyer, and find out what you need to do.

It is more difficult if there is not an agreement already in place, that stiplulates that chidren cannot be moved beyond so many miles, without the permission of the other.

If she has already moved, and there is little contact with your children, you can also, through the advice of your lawyer, make arrangements to have the children certain weeks of the year.

I would not however, advise you to kidnap your children.

You need good, solid advice from a lawyer.

[talon07]

Its not kidnapping my friend if you have a valid court order... LMAO seeing as this is my profession I would know... As long as she has not filed any motions and you are the first to file one it puts you in the drivers seat. However before you do this there are a few things you must know. IS she a unfit parent can you prove she is, where are the majority of her/your family, You will need a plan if you get it IE day care babysitting, etc etc.