Runaway

Status
Not open for further replies.

sandymorgan

New Member
Hello,
My ex has taken custody of my son. He is holding him and will not return him. We have never went to court for custody. My son is 10 years old. I have tried to reason with my ex and get him to return him but he refuses, I have went to court and filed papers but my ex husband has past kidnapping charges for taking his other children before it was the same story ( he left the country with them and cut communication with the mother). I am afraid hes going to leave if he's served. He has cut communication between my son and I. He might let me speak to him once a month for about 15 minutes (maybe) then he tells my son he has to get off the phone. He also has monitored calls but I am not sure if he is doing it now. The police have said there is nothing they can do because there is no custody arrangement. I sought legal advice and the lawyers told me to go get him but my ex is violent. he has a record for violent crimes and is an ex drug dealer with gang ties. ( which i was not aware of when I married him) and has said he would beat someone to death with no problem so obviously it would be dangerous to try to get my son. When I am allowed to speak to my son again ( if that happens) can I legally tell him to go to the police and tell them we wants to come to me? My ex husband has not enrolled him in school and my son is sad or crying everytime I speak to him. he said they ( ex and step mother) are saying bad things to him that he cant repeat. I had custody of my son for 9 1/2 years but his fathers name was not on the birth certificate. i got his name on the certificate and now he wont return him. My son has been there 7 months. Also we are in separate states. i filed for custody in my state but ex and son are in NY.
 
Last edited:
Call cps, go to court and file for custody, do whatever it takes to get your son out of there. Call nypd go there and have them escort you to get your son. You could file for a temp. restraining order againt him but thats no gurantee. Yes you can tell your son to go to police. there is no law against that as long as your son does not make false acusations. Do whatever you have to as long as your son is in that kind of danger. Good luck.
 
Thank you for your quick response. I have been waiting for one and reading these boards I am getting very worried. If we call CPS is it possible that he could just not open the door and say my son is not there. My concern is if I do anything to upset him, he becomes anger and looks for revenge. What are the chances that he will get t'ed and leave with him? Also my concern is for my safety after I get him. I live in another state but he knows where I live.
 
Last edited:
Hold on a sec.

This is a couple who were married =- they have equal rights to this child since there are NO orders in place - and Dad has had the child in NY for 7 months. This is NOT kidnapping, and Dad has done nothing wrong legally speaking.

That is also enough time to establish residency in NY hence Mom needs to file in NY to establish custody and visitation.

She needs to speak with an attorney - Dad has status quo on his side now and the child does not appear to be in immediate danger, hence Dad has a more-than-fair shot at remaining primary custodian.

She can call the police and ask them to do a welfare check - they will do that. However they're not going to take the child and send him back to Mom....they're just not.
 
I didnt mean to sound like I was saying to go and kidnapp their son. If you feel he is in the danger you think then call cps, go to court and file for custody, etc...
 
I didnt mean to sound like I was saying to go and kidnapp their son. If you feel he is in the danger you think then call cps, go to court and file for custody, etc...



No, I didn't think you were saying that - it just came across that the belief was that Dad had kidnapped the son (which he hasn't). :)


I agree that if the child is in danger, CPS needs to be involved...I'm just not seeing proof that the child IS actually in danger.

And I absolutely agree that Mom needs to file for some sort of custody.
 
We were not legally married ( it was a religious marriage) I spoke to nypd and they said they would escort me to get him but could not make my ex give my son back. hence I would have to see my son outside and call police to be present when i got him. Also police and lawyers said it is not kidnapping either way and just like I can get him while he plays outside, he can turn around and do the same thing to me.
I did ask for a wellness check but they did not do it. when I called back they told me to call another precint because it was not their precint ( the police station in on the corner of my ex's block.) Can I still tell my son to go to the police? and can I file for temp custody?
 
Last edited:
Who lived where and for how long before you "divorced/separated"? Where are YOU currently located? Who moved?

That aside, you can file for custody but you must file in NY since your son has been there for 7 months. Expect Dad to fight.

I honestly think you need an attorney.
 
I think he will be very happy if I come and get him. I have asked to see him and his father refuses. When I send mail for my son he doesnt get the mail. Im really suffering because I thought I was encouraging good by sending my son there. My son didnt want to go. He cried and puffed up and pushed me away when I tried to hug him before he left. everytime I even mentioned him going he would act this way. I DID NOT encourage this behavior. my son said he doesnt like it there for several reasons that i will not go into and i could probably call cps for.
We divorced in 2000. I found out i was pregnant after the separation. His father has not been involved. he doesnt pay child support and called ny son once the year before he demanded him to come to ny. i lived in another part of ny ( other side of state about 6 hours away) when i was pregnant. my son was born in nj ( I went into labor out of town at a friends wedding). My son and I have been in maryland since 2003. until this...
 
Status
Not open for further replies.
Back
Top