Custody - Herndon,VA

Go file for custody TOMORROW morning. Unless you have a custody order in place, either of you can take your child anywhere you want and it is NOT kidnapping (I'm assuming he is listed on the birth certificate).

Tell them that he is a flight risk, that he has threatened to take your child and leave the state and get an order that neither of you may take your child out of the state without written permission of the other.

Honestly, the order won't stop him from going, but it will make it so that marshals can go get your son back for you. If you don't have an order and he takes him, you'd have to file for custody after the fact and wait to have it granted (which would be harder because he wouldn't actually be with you at the time) before you can do anything to get him back.

HTH
T.

your boyfriend can not take your son from the state without your permission. if he does it is kidnapping. call a lawyer most of them give a free consultation.

B., call the Domestic Relations Unit of the Fairfax County Juvenile Court. The phone number is ###-###-####. For more information (including what you need to bring to your intake appointment), see the Court's site at http://www.fairfaxcounty.gov/courts/jdr/jdrCustody.htm.

I'd like to add that you can file for cutody yourself, without an attorney. You need to file asap, after that if you want to get an attorney to come to court with you, then go right ahead, but get the paperwork filed like NOW. Talk to the court clerk about who can help you fill out the paperwork. A lot of courts have intake officers now that can help with standard forms.

I don't understand what you mean "still being with him"...is he your boyfriend? Or ex-boyfriend? Is he threatening to take the baby to live out of state?

You can certainly file for custody. Call a lawyer or the Attorney General's office in the morning. Any chance that his name is not on the birth certificate? That would make things easy until the paternity test comes in.

if your son has an established residence then no one can take him away from it without the others permission. Now this assumes your boyfriends name is on the birth certificate. If his name isnt then he cant take your son anywhere cause legally it isnt his son! However, that being said, that doesnt mean he wont try to take your son and without a custody arrangement it could be difficult getting your son back. Call a lawyer tomorrow and tell them what your boyfriend said! It sucks, I know, I am going through this with my ex husband and our 3 kids. Good luck!

Call an attorney tomorrow morning, or call the Legal Aid Society and they will point you in the right direction. Even if you do not currently have a legal arrangement with the baby's father, neither one of you can take the baby out of state without the other's consent. A little more info would be helpful, like IS there a legal custoday arrangement? Does the baby live with you?

Yes. Talk to a lawyer. Pronto. UNLESS there is a court ordered custody arrangement EITHER biological parent can take their child to anywhere they want in the world. An emergency custody order takes less than 24hours.

Whoa! That's not how things work- first of all do you guys live together? If so then I believe you as the mom are still considered the custodial parent. You don't have to have sole custody to keep him from taking the baby out of state. As far as I know he still can not cross state boundaried without your consent. It doesn't matter whether your married or not, but I would definitley file an IMMEDIATE appeal through the courts (like yesterday) to file for sole custody based on the grounds that he is planning to take your child out of state and it is in his best interest to be with you his mother....

Huh! Do I understand this correctly. The two of you still live together but he threatens to take your baby and move out of state. Why are you still living with him? I urge you to take your baby and stay with a friend or relatives and immediately talk with an attorney. Do not tell your boyfriend where you and the baby are until after you've talked with an attorney and have been able to ensure that he will not take him out of state.

Agree to talk with him in your attorney's office. Do not take the baby. Or meet him in a restaurant without the baby to let him know what you are doing and why.

I was concerned in a similar way when my daughter and the father of her first child were having difficulties getting along. I talked with an attorney who told me that possession is 9/10ths of the law even in this situation. At the time I was taking care of my granddaughter but her father, my daughter's boy friend, was also living in my house. The attorney said to come back, if I still had concerns, when my granddaughter was living with my daughter. Fortunately he moved back with his parents out of state without the baby.

I suspect, based on my experience with my daughter as well as some experiences as a police officer, that you can't do anything to ensure that he can't take the baby out of state while you're still living with him and his names on the birth certificate. I remember one case in which the parents had a fight and the father took off with the baby without the car seat. The police went looking for him because it was an issue of safety. Otherwise they wouldn't have looked. Both parents have equal rights to the baby.

Legally, he may not be able to do this (I don't know) but in reality he can do it. He can get up in the middle of the night and drive away. Or while you're somewhere else, put the baby in the car and drive away. You need to protect your baby by being sure that he stays in the state.

If you think he's making a threat that he won't follow up on, it may work best for you to consult an attorney first before moving out. But I'd keep a close eye on your baby and your husband's actions. I'd not let him be alone with the baby. I'd be aware of your boyfriend taking any action that might indicate that he's getting ready to leave and be ready to take action yourself.

State rules are different from state to state. Go to legal aid file for emergency temporary physical custody while the matter is being reviewed. If that does not work, go to the juvenile and domestic court and they will assist you in filing yourself. There will be a small filing fee, but often they will waive it under duress circumstancces. If you have no representation you may qualify for free legal representation. Another approach would be to have an ad litum attorney arranged for the child that is a neutral party to determine what is in the best interest of the child.
This is the time to get in a vocational program, return to school, and present yourself as someone entitled to a better future and will be a good provider. I would recommend you consider family counseling also.If there are any areas requiring intervention(addiction, etc) now would be the time to get parenting classes and present yourself(like a job interview) as the better candidate.

If he is threatening you without paperwork no one has custody of this child until someone files for it. File immediately.Married or not. Most states have a commonlaw marriage after 6 months as well.Learn your rights. Get on the website for your local juvenile court in your county or commonwealth. God bless.Also check out custody support groups in your area.

he can't do that he is terrorizing you and "gas lighting" you-let me guess, he tells you you're a bad mother? I thought so-get away from him-go to a shelter-don't even take time to pack-they will help you with everything you need-clothing, diapers, formula-go to a shelter for battered women-if he has not yet abused you physically-he will do so someday-probably soon. His threats are a form of torture-he is attacking you at your core-attacking your motherhood! How dare he tell the mother of a helpless infant that he is taking her child away from her!!! I have NEVER heard such a thing! I would have killed someone that tried to take one of my children from me! Do not give in to his threats-get away now-and dont't discuss this with him!!!!

you can file for custody anytime but you cant get child support when you live together.

yes, my child you can .if the boyfriends name is not on the birth certificate, and you are not married to him, then he cannot legally demand custody, nor
can he legally leave the state with the child without your legally giving him
written permission and consent. chances are good if he leaves with your child, you will never see the tot again. sounds like boyfriend has taken up someone who has taken a liking to the child. dont allow him to leave with
your child
K. h.

yes, get a lawyer and file suit.

YES!!!!!! Go to family court

first of all is his name on the birth certificate? if it is do not let him have that baby for any reason cause custody has not been established. you need to go to the court and ask the judge for full custody because your boyfriend is trying to take your baby out of the state dont let anyone except the ones you trust have your baby or you will be sorry and you will have a war on your hands trying to get your baby back

Absolutely!!!!!!! Call an attorney or legal aid in your area immediately! They will be able to help you through this. Praying for you!!!!!!!!!!

yes and you can get an emergency hearing so that he can not leave the state with out your son. No one just leave with out the other parents permission. Do not let him go. If you do let him go it may not look good in the long run when you do try to file for custody.

I am a divorce lawyer and you have gotten some very good advice here. Custody has nothing to do with whether you are married or not. Right now you each have equal rights to your son, but since he has threatened to abscond with him you need to take action. You can save a lot of money on legal fees by filing the petition for custody yourself. The intake clerks at the courthouse will help you. You can file for child support at the same time (assuming that he is no longer in the same home with you). In the meantime, you need to take whatever actions are necessary to protect yourself and your son, such as staying with relatives or a friend. Check my website if you would like to arrange a consultation: www.leiserlaw.com.

I agree that you need to seek legal advice ASAP. This means NOW! Although many states have the common law marriage, they are usually after about 20 years, not 6 months. But custody of your child does not depend on marriage, it's about you being the mother. File a restraining order to keep him from leaving with your son and let the courts sort out the custody arrangements. If your boyfriend is in the military, then you and your son are military dependents and there is help available for you to work this out.