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crushedovernover · Sep 25, 2007, 07:37 AM

Only question I have is. Custody has been filled and starting the process, Am I allowd to deny my little guys mom visitation due to her being a flight risk. She might take him and disapeer. She usually has him but I'm thinking of when I get him this weekend to keep him until the court day. With no visitations to her as she is a High flight risk

crushedovernover · Sep 25, 2007, 07:40 AM

My thing is. A week after her and I split she went to Florida with this guy. FIne no problem she only new him for oneweek. Shethen brought my son there for a week with this guy.. And she said she wants to move there. So I want to keep my son in my custody until the court is played out.

ScottGem · Sep 25, 2007, 07:41 AM

If she has custody currently, then what you would be doing is kidnapping. If she is a flight risk, then you need to go to court and get a temporary custody order or restraining order.

If you want to the courts to look favorably on your custody petititon, you can't do anything that is against the law or court rulings..

crushedovernover · Sep 25, 2007, 07:43 AM

There is no set custody.. he stays at her house but I see him reguraly. So I can't keep him and deny her visitation until court. But she can deny me. There is no court order saying who has custody.

ScottGem · Sep 25, 2007, 07:56 AM

In the absence of a formal custody agreement, especially where the couple were not married (as I suspect you weren't), then the mother is usually deemed to have defacto custody. Until a court order is in place, you have no right to keep him from her.

crushedovernover · Sep 25, 2007, 08:08 AM

But if she is taking my son to a dif country were from canada, and since she is taking him to a dif country with a guy she has only known for a couple of weeks. This is putting my son in danger.

ScottGem · Sep 25, 2007, 08:31 AM

I repeat. YOU cannot break the law if you want to win the custody battle. You do not have legal custody therefore you have no right to keep him from his mother. Nothing you can say will change that. If you are afraid of her removing the child from the jurisdiction of the court you have to present that to the court and have them issue a order either preventing her from leaving the jurisdiction or allowing only supervised visitation or investing you (or a third party) with temporary custody.

But you can't do it on just your own feelings. You haven't said if you are on the birth certificate or if paternity has been established or what you relationship to the mother is. But none of that changes the bottomline.

macksmom · Sep 25, 2007, 10:23 AM

I would file for emergency temporary custody to have until the court hearing.

As Scott said, if you take the child and refuse to return him to his mother, she can call the police and you could be arrested for kidnapping.
Not only that, it will not look good in court that you went about all of this on your own instead of going the legal route.