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dad worried
- Thread Starter john
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Proserpina
Moderator
You can file for divorce and request temporary custody pending a custody hearing.
However, in practice it is very difficult wresting custody from a mother with a newborn unless there is a question of her fitness. So, your best bet might be to file for divorce and a temporary visitation order.
However, in practice it is very difficult wresting custody from a mother with a newborn unless there is a question of her fitness. So, your best bet might be to file for divorce and a temporary visitation order.
mightymoose
Moderator
You can also simply go pick up your son and take him home.
So long as there is not an existing order that says you do not have custody at a particular time then there is nothing to stop you from seeing your son whenever you choose to.
If she is deliberately preventing you from having access to your child then you can speak with law enforcement about child concealment, or whatever it might be called under your state statutes.
If it were me I would simply go pick up my child and bring him home. When she wants to see the child she can come back home.
Either one of you can file for divorce and begin proceedings for child custody/visitation if needed, but hopefully you aren't that far along yet. Fix your problems with fighting over the baby.... but bring your baby home where it belongs.
You have equal rights to the child until a court says otherwise.
So long as there is not an existing order that says you do not have custody at a particular time then there is nothing to stop you from seeing your son whenever you choose to.
If she is deliberately preventing you from having access to your child then you can speak with law enforcement about child concealment, or whatever it might be called under your state statutes.
If it were me I would simply go pick up my child and bring him home. When she wants to see the child she can come back home.
Either one of you can file for divorce and begin proceedings for child custody/visitation if needed, but hopefully you aren't that far along yet. Fix your problems with fighting over the baby.... but bring your baby home where it belongs.
You have equal rights to the child until a court says otherwise.
Proserpina
Moderator
Mom doesn't even have to answer the door. The child IS at home - Mom's new home. This is a civil matter which can be remedied very quickly in a painfully simple manner 
mightymoose
Moderator
If mom is deliberately preventing dad from having access to the child then she is likely breaking the law... assuming WV has child concealment laws as we do in CA.
Dad can just as easily pick up the child and take it back home, or to a new home and should not hesitate to do so. Mom has left the home of her own will and she can do without the child until she gets an order.
So long as dad does not turn around and prevent mom from having reasonable access to the child he will be in the clear. If he picks up the child and returns it home, where mom took it from, it can hardly be argued that he is concealing the child if mom is choosing not to live there.
Yes, civil, but until there is a court order saying dad can't have the child there is nothing stopping him from picking up the child and taking it home... other than a locked door perhaps, but those locked doors might get mom in trouble.
Dad can just as easily pick up the child and take it back home, or to a new home and should not hesitate to do so. Mom has left the home of her own will and she can do without the child until she gets an order.
So long as dad does not turn around and prevent mom from having reasonable access to the child he will be in the clear. If he picks up the child and returns it home, where mom took it from, it can hardly be argued that he is concealing the child if mom is choosing not to live there.
Yes, civil, but until there is a court order saying dad can't have the child there is nothing stopping him from picking up the child and taking it home... other than a locked door perhaps, but those locked doors might get mom in trouble.
mightymoose
Moderator
From what I can tell the WV statute requires a court order for concealment to be an issue.
There is still nothing stopping dad from simply picking up the kid and taking it home. If it were me I would simply walk into the house, take my kid, and bring it home. I would, of course, give the local law enforcement a heads up as to my intention so as to avoid any criminal issues.
There is still nothing stopping dad from simply picking up the kid and taking it home. If it were me I would simply walk into the house, take my kid, and bring it home. I would, of course, give the local law enforcement a heads up as to my intention so as to avoid any criminal issues.
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