mothers rights

[eliannag]

my daughter recently left her boyfriend of 4yrs with my 19mo old grand daughter due to the fact that they both have addiction problems,however she let him have a weekend visit on fri and was to bring her back on sun by7pm and now hes refusing to give her back because there is no custody papers in order.We want to know if we can approach him in public and take her back without being charged with kidnapping??My daughter has been the primary caregiver up til now but because she lived with him she cannot go to his house to get her without being charged with kidnapping and trespassing.

 

[army judge]

You need a lawyer.

However, to answer your question, if you asked him to give you the baby, he could say, "No, go away and leave me alone!"

The problem is you have no custody order.

You could ask the police to accompany you to his house and stand by, while you get the baby.

He doesn't have the benefit of a custody order, either.

It might work.

If his name isn't on the birth certificate, it will work.

Otherwise, hire a lawyer.

If you ever want to see that baby again, get ready for a long and expensive legal battle.

 

[bluemann33]

when and if she gets the baby back before a court hearing then she should get that attorney and go to court to set some temporary custody/visitation rules until the courts final custody decision. Good luck.