My son was basically kidnapped ?

Question

by his father whom is not on his birth cert. There is no legal custody case. Dad left to go to cali. from il to live and left my son w/ his nana. Can i legaly go get him without going to court if hes left with nana?

Answer 1

Bring any proff that the boy has been liveing with you.Like shot records or school records. church members statements bring the birth document.Yes you can get him back and if they want to call the police on you wait till the police get there and tell them you want to file kidnapping charges.

Answer 2

Of course, he's your son.  

Answer 3

Yes, his Dad isn't even on the birth certificate so there"s essentially no proof he's even the father. However it's a written fact you are his mother. Go get him you have every right.  Also I would get a restraining order on the father so he can't kidnap your son anymore.

Answer 4

sure you can! Just go get it!

Answer 5

yes you are his mother, you can take him and walk out. if the nan calls the cops and tells them your taking him, just tell them this is your son, there is no court case and iam his mother,and the father isn't around. after you get him,get a restraining order from the both of them and get 100% custody of your son. good luck

Answer 6

and why haven't you called the cops yet?  if he's not on the birth certificate, then it's kidnapping, and a Federal case.

Answer 7

yes your his mother!!

Answer 8

yes you are that childs legal parent . If you think you will have problems call you local police to go with you . OMG girl go get your son

Answer 9

Actually it depends on the age of the child and also the fact that neither of you have a custody agreement. Yes you will be able to get your child back, but you will go thru the courts. They will order a custody arrangement so these types of shenanigans do not happen again.  

Answer 10

go get him then go to court for an interim residence order to prevent the father from taking him back.  you might not want the courts involved but if you dont involve them you could go on for years with both of you just taking the child back when you feel like it which is not good for the child in the long term.

Good luck x