Kansas City, MO asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for Missouri

Q: Unmarried. Undeclared father has children and will not return them. Police will not assist me (mother) to get them.

Shouldn't I just be able to get them if there is no order or established paternity? Why is this still considered a civil issue if fathers rights are not valid

I have no resources and am going crazy. He was and is abusive.

What can I do?

1 Lawyer Answer
Lydia Seifner
Lydia Seifner
  • Divorce Lawyer
  • Springfield, MO
  • Licensed in Missouri

A: If there are no court orders giving him custody of the children, then yes, you can go get them. It's a civil issue because it is handled by the civil and domestic courts. Police generally don't like to get involved in domestic matters. So unless he is physically restraining you from the property withholding the children from you, the police probably won't be much help; at least not until after you've made and attempt to retrieve the children yourself.

Depending on your situation, you may be able to ask the court for an injunctive order for him to return the children, talk to an attorney local to you to assist you.

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