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    Lisarico3's Avatar
    Lisarico3 Posts: 5, Reputation: 1
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    #1

    Oct 10, 2012, 06:30 PM
    Need help ASAP
    I let my daughter go home with her father and he want return her she has miss school everyday this week he call she on me saying I'm on drugs I willing done a drug test and pass and he still want give her back he is on birth cert and has pay child support in the past I live in one county he in a mother he has never done DNA to prove he is the father I can get any damn cops to help me get her while she tells me he has no rights to her that I can get him for kidnapping how when no cops want help what do I do
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #2

    Oct 10, 2012, 06:35 PM
    Unless YOU have court ordered custody... he can't kidnap his own child.

    Do you have a legal court ordered custody order in place?
    Lisarico3's Avatar
    Lisarico3 Posts: 5, Reputation: 1
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    #3

    Oct 10, 2012, 06:50 PM
    Quote Originally Posted by smoothy View Post
    Unless YOU have court ordered custody....he can't kidnap his own child.

    Do you have a legal court ordered custody order in place?
    No legal custody has been done he hasn't even been tested to prove he is the father we never have been married
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #4

    Oct 10, 2012, 06:55 PM
    Since he is on the birth certificate he is the legal father. Without a custody order in place he has the same rights you do. You should consult a family law attorney as soon ss possible.
    Lisarico3's Avatar
    Lisarico3 Posts: 5, Reputation: 1
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    #5

    Oct 10, 2012, 07:05 PM
    Quote Originally Posted by J_9 View Post
    Since he is on the birth certificate he is the legal father. Without a custody order in place he has the same rights you do. You should consult a family law attorney as soon ss possible.
    That's what I been told by some but she in my county stats that's not true so I'm llost all I know is my baby doesn't stay anywhere over night without me she want even stay on her on overbite at her fathers and she is scare to sleep by herself as he makes her jealous stepwise she sleeps with me with her bible under her pillow father on drugs went to rehab for few weeks left and didn't finish I'm going crazy haven't talk or seen her since Friday
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #6

    Oct 10, 2012, 07:07 PM
    Contact an attorney.
    Lisarico3's Avatar
    Lisarico3 Posts: 5, Reputation: 1
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    #7

    Oct 10, 2012, 07:10 PM
    Quote Originally Posted by J_9 View Post
    Contact an attorney.
    thank you I'm broke but hope I can find one to help me ASAP I can't stand her n
    Lisarico3's Avatar
    Lisarico3 Posts: 5, Reputation: 1
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    #8

    Oct 10, 2012, 07:11 PM
    Quote Originally Posted by J_9 View Post
    Contact an attorney.
    thank you I'm broke but hope I can find one to help me ASAP I can't stand not knowing if she is OK he comes and goes out her life
    The step mother hates her I'm worried so much his family has try to get her and now he says he has no family ughhh
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #9

    Oct 10, 2012, 10:24 PM
    Also not only is it the law in your county but the law in his county also. ( since he is there and so is the child now)

    But in the US, Canada, most of Europe, if the father is listed on the birth certificate, there is no DNA requirement, unless you want to claim he is not the father and another man is, And even that ability to challenge is limited in some areas.

    So at this point, no it is not kidnapping, since he is the father listed on the birth certificate.

    Also you have never went to court and got any type of child custody order, it appears from at least our law here, he has all equal rights to keep the child and not return the child.

    You will need an attoreny and file for custody and for return of the child

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