Q: What motions should I file to get my son back asap?
My ex boyfriend, who I have no custody agreement with, took my son and is now hiding him. We had a verbal agreement on visitation due to his work schedule. Ive have always been flexible and helped out where I could. He stayed with me and saw him every other weekend. Monday, my ex was having a bad day and asked to see our son to help cheer him up. He was supposed to take him to school that next day. I arranged this. Now he wont tell me where my son is or let me speak to him. He will answer nothing. All I know is he is hidden 3.5 hours away at his grandparents, where I dont have the address. He didn't even tell me this until I called repeatedly wondering why he wasnt in school. Then he had me served with a petition for full custody. No emergency custody is in effect at this time and I have replied to this. Is there any other motion I could file to hit him hard on this and get my son back asap? He is not.physically with my son. He is at work in my area. Grandparents refuse to give him
A: First, taking your child and concealing his location from you and cutting off contact is a crime. You should contact local law enforcement and file a report. Based on the information you provide and their investigation they will make a decision as to whether to move forward with prosecution. Second, you should file a Petition for Habeas Corpus seeking an expedited order to have the father produce the child before the court and explain his actions. Obviously these are not things you can really do on your own and like most that ask questions on here I suspect you know that is true. Consult an attorney as soon as possible. It sounds as if this situation has gone on too long already. To say the Family Court system in Jefferson County is slow would be an understatement. The longer you wait to take action the longer is is going to take to get any resolution. Time is never in favor of the party seeking relief in Family Court.
Kristine Jones agrees with this answer
A: What Shane said is correct. I will also add that you need to find and retain an attorney today. The longer you continue to wait, the more difficult the situation becomes. Good luck!
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