Q: There is a no contact order. My sons father will not give him back to my mom to give to me what do I do ?

There is a no contact order until my court date . My sons father refuses to give him back to my mom in order for him to be with me. My child’s father had no intrest taking care of our son until we broke up . I’ve been with my son everyday since birth. How do I go about getting my son back. We were never married and I have been told he can’t keep him from me he has to give him back but the no contact order is making it hard .

1 Lawyer Answer
Amanda Bowden Houser
Amanda Bowden Houser
  • Criminal Law Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: If the father is on the birth certificate and there is no court order or formal written agreement about custody, then the father has as much right to the child as you do and you have likely been misinformed that father 'has to give him back' to you. That said, he is likely doing this solely to be a jerk and hurt you and most Judges take a very dim view of one parent using the child in such a manner. So your best bet would be to hire an attorney and get custody, visitation and most importantly child support firmly established so you won't have to deal with father's shenanigans. Best of luck.

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