Is this against the law?...

[John R]

I have a post in this forum titled "Temporary Custody..." if you need more info on this situation...

long story short,

my childs mother is not allowing me to see my child at all...

my mother is coming to visit from california for about a week and has never been able to see my child. (he is almost a year old)...

There is currently NO custody, visitation etc. order issued.

My question is, While my mother is here, If I get a chance to have my child and tell his mother that I will not return him untill after my mother leaves to go back home, CAN I GET IN TROUBLE?

I wish I didnt have to act in this manner, however, I love my child and want nothing more than to be in his life.

basically, Can I do this without getting in trouble?..

also, If she decides to show up at my house with the police in an attempt to get the child back, Do I have a reasonable defence to tell the police in order to NOT have to give the child back without getting in trouble???

pelase answer these questions swiftly if you have any knowledge on this situation, my mother will be here in a few days.

thank you in advance

[ocean]

Since you were not married then you will be told to return child to mother until you have solid papers that state when you get child.

Send her a certified letter stating when your mom will be here and ask for which day would be good for you to have visitation. Give her a deadline date to get back to you. OR pick a date and tell her if that is not good...alternate dates.  If you do e-mail with her you can try to get an answer that way too. This way everything is done is writing... Overnight the letter if you need to...

Did you file the temp visitation papers?

[John R]

I did file temp. visitation papers and the judge denied it and said that I had to file a motion... I guess it is not important to judges that a child gets to spend time with the father.

I did let her know when my mother would be here, she has been aware for over a month now. What would be the reason to do it in writing?... just to show as evidence in court?...

thank you for your reply.

[Fueledbyjava]

Now I am confused. Is your name on the childs birth certificate as his father? If it is then you have a right to time with your son. If it is not then you may be SOL for now. Do not do anything if you are not the legal birth father of that child. By this I mean that your name is on the childs birth certificate. If you take that child and you sre not legally his father you could be charged with kidnapping. Please clarify.

[janM]

Even if he is the legal father, he needs a court document saying when he has parenting time. If he tries to keep the child outside that time frame without mom's permission, she can have the police pursuade him to return the child. If he doesn't, he's in trouble.

[Fueledbyjava]

Wow, that blows no rights for fathers I guess. Poor kid is never gonna know his dad. Mom will make sure of that. Get that check over ASAP though. What a joke.