can i call the police to get my nephew back from his father who wont give him up?

[Taylor_Lee]

Backstory, My 18 year old sister has a 21 year old boyfriend. they had a child almost a year ago together. There relationship is off and on constantly. and my nephew has been living with us the majority of the time. but my sister is still immature and doesnt make the best decisions. instead of giving him to my mother, myself or my brother to take care of him when she was frustrated with him. she passed him off to his father. Now his father is threatening to keep him and not give him back. While telling us to bring food and diapers because he didnt have any. when we offered to bring him some he told us he cant go out of the house to get them because he is alone and he doesnt have a coat for my nephew. He is unemployed, and a convicted felon. If i go try and get my nephew from him, and he refuses. can i phone the police and will they make him give me my nephew?

 

[Proserpina]

You have absolutely no legal rights to this child at all.

It's up to Mom to go and retrieve HER child. If she doesn't wish to do so, then it's completely out of your hands unless you involve child services....and if you do that, you had better had proof that the child is in danger.

 

[Taylor_Lee]

Thanks for the info. I believe he is in danger, if his father would hit his mother while she was pregnant, i believe he would hit my nephew. He has a short temper.

 

[Proserpina]

If the child is in imminent danger then you need to be calling CPS/equivalent or 911.

What PROOF do you have? Are there DV convictions?

Your beliefs and 'what ifs' really don't matter, legally speaking.

 

[jacksgal]

What you "believe" is happening is not going to warrant much if any action. You need at least some evidence child is being abused. You can make a call to Children's services without giving your name with your concerns. They "might" at least go to home to check on child. Now even if action is taken there is no guarantee you would get child in fact the child would likely go to Mother.