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Submitted 774 days ago...

SteveG

SteveG

New User (1)

My chances of getting custody of my 1 year old son.

I am not married to the mother of my son, but I want to get custody of my son. In December there was an arguement and she left taking my son. I went to my lawyer and filed for custody. Also considered her a flight risk as she lived in another state before she came to Indiana. After about a week of her being gone I find out she went back to California with my son without asking me if that was ok. She was gone for 3 1/2 weeks with my son. She is now back staying at my home so her older son can finish 8th grade here. She wants to take my son back to California and haas filed for that. A week ago she laid him done top go to sleep for the night around 7:30pm. She locked her door where he is kept and then left to go to the grocery store. She was gone over 2 hours. I do not have a key for the door so if something would have happened to him I couldn't get to him. Later she tells me there is an emergancy key for just that reason but what if I couldn't get a hold of her and needed in to get him. I have no idea where the key is kept. I don't want to lose my son and her take him 2000 miles away from me. She has no job here and no housing except what I am providing for her. She may have housing in California or someone to stay with. I don't know if she does or not but that is where her mom lives. I need some advicce at this point. Can you help me?

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Answer 1 / 1 - Submitted 482 days ago...

tomturkey

tomturkey

Brain (8,071)

Well you did the right thing to file for custody,if she left your child alone that is not good and it is also illegal. However one concern that I have is are you on the childs birth certificate? Sinse you are not married to the mother you would need to be on the childs birth certificate in order to have any legal rights and that includes filing for custody. If you are not on the birth certificate and the mother files for custody then she will get custody. You would have to take a partently test to prove that you are the father before the court will allow you any rights. Hopefully you are on the birth certificate. If not you need to get in touch with an attorney and proceed to do what it takes to prove your the father so that you can file for custody. If you have filed for custody and are not on the birth certificate then the court will dismiss the case.

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My chances of getting custody of my 1 year old son.

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