Q: I need help getting my sion back from his dad. I have custody.
His dad has denied me any contact in 9 months. I raised our son by myself his whole life. His dad was rarely around. His dad cancelled two trips he had set. Up to come back home saying its because of covid and we will have to wait until theres a cure to see my son. Am told my son wants nothing yo do with me abd he will be made to testify against being with me. He seems completely brain washed and alienated from me.
A: Your son cannot testify against you unless he is at least 14 years old AND the judge grants him special permission. The chances of him testifying against you are small. Secondly this is a tactic commonly used to intimidate you so that you won't even try to get him back. When you say you "have custody" that sounds like you have a court order. If the father has taken your son against the court order, that is a violation of the court order and the judge has the power to order the child returned. The father's claim that you have to wait until there is a cure for Covid is also another scare tactic. That is not a valid reason to keep your son unless you have Covid. Even if you have it, you should still ask for your son back. You need to file your paperwork to get your son back NOW. Do not wait. Get it done this month. If you have more time than money, go to the Self-Help Center at the Courthouse and ask them to help you with the paperwork. A child needs contact with both father and mother and even if he is brainwashed now, once he sees you again and remembers how much you love him, that so-called claim that he doesn't want to see you will dissolve. Have courage. Be strong. Get started right away.
Tobie B. Waxman agrees with this answer
A: If you do not already have court orders related to custody of this child, you need to file asap. It's not stated in your question what your relationship status is, i.e. whether you are married to the other parent or whether this would be a parentage action.
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