My son was stolen HELP!?

Question

my brother is in a situation... His girlfriend and him had a baby the baby is now six weeks. She was suppose to go home for two weeks for her grandmothers funeral. It has been a month and she is starting to refuse to come home on bus or plane. With gas prices driving up to go get her is outrageous. She went on a bus, but now refuses to come back on a bus. She keeps saying she is comming back soon. He is worried about his son they have had to take him to the ER where she is at already. He just wants him home where he is safe. What could be done to get the baby home? in the hospital they signed the paternity papers, she acknowledged him as the father thus giving his equal rights, now that she is out there the grandma is alive, and is comming up with excuses not to come back what could be done? she has not established legal residency into the state she is in, she is legal resident of the state that my brother is currently in. Is there anything that could be done immediately to get the baby back? she has basically stole the baby from him, and refuses everything to him... can child services go take the baby in that state? what can be done? can he file charges or anything? please if you could help with this situation that is very apperciated :)

Answer 1

He needs to call the police and file a report with them

Answer 2

Tell your brother to go to the police.  They will be able to determine if it is a kidnapping case....  also, call the state authorities to wherever she is and if the baby has already been taken to the er, then file a complaint in that state as well.  

PS.... I don't care how much $$$ it cost me, I'd be driving up to that state and going straight to the troopers baracks and having them escort me to the home where the baby is and getting my child back!!  Especially if I knew that my baby was in danger and not being cared for!!

Answer 3

Signing the papers only acknowledged paternity..not custody..

I would advise talking to a lawyer. He (your brother) needs to establish visitation rights before anything can truly be done...

When there is no custody arrangement its usually assumed that the person who has the child (in this case the mother) has the "sole custody".

And unfortunately without a legal order as the baby's mother and for now primary caregiver nothing will be done.. She can't be charged and NO child services will not go and take a six week old baby from its mother unless there are child protection concerns.. example the mother is unfit.. Which I'm assuming this is not the case..

Again..I advise speaking with a lawyer because I'm pretty confident that all the answers  saying something can be done aren't right.. perhaps they have misunderstood your question..OR I have..

IF THERE IS NO PRIOR LEGAL CUSTODY/VISITATION ARRANGEMENT SHE (THE MOTHER) HASN"T DONE ANYTHING ILLEGAL BY BEING WHERE SHE IS AND BRINGING HER 6 WEEK OLD CHILD WITH HER.  

It sucks and it isn't fair, but thats the way it is..

Answer 4

he can call the police if she refuses to come home. have him tell her if she is not home in a certain amount of time he will call the police saying that the mother took off with the baby and he believes the baby might be in danger. (she seriously might have a psychological issue or grandma is brainwashing her) it might cause some issues but tell them to seek counseling to get to the bottom of this situation.

Answer 5

Absolutely... charges can be filed.... But, he needs to record something stating her refusal to return or her plans for the length of the trip that she has now overstayed... Good luck... Oh, Child services will go get the child once he can establish that the child has been abducted... even if she refused him visitation for the child it would still be illegal because the baby is ligament..  

Answer 6

If they have not been to court to establish custody than there is nothing your brother can do.   He needs to contact a family attorney and go for some type of custody arrangement.  Otherwise, there is nothing that can be done.

If you are worried about safety, call child protective services.  

The same goes for your brother.  If he were to go get the child and refuse to return it to the mother, there would be nothing she could do unless there is a custody judgement saying otherwise.  

It does not matter if the mother has papers with her or not.   If a kidnapping report is filed, it would be false.  If the local police take her child on that report then the police would be kidnapping.   Law enforcement will not interfere unless there is a custodial order issued by a judge or the child is in immediate danger.   Like I said before, if you feel the child is in a dangerous situation then contact child protective services where the mother is residing.

Answer 7

If they aren't married then they really don't have equal rights...The mother of a child born out of wedlock has sole custody unless they have been to court or it has been otherwise established...The best thing he can do is make some sort of effort to get his child home. Things that will help him is if he begins to send child support to the "girlfriend" via check so that it can be proven later.  Also If he can't afford to go get the baby himself he neds to doccument every phone call, and letter he writes.  Then he needs to get a lawyer and get his son home.  I dont know which state your from but I think you need to check the other form you brother signed at the time of birth-It was probably an affidavit, and it DOES NOT establish equal rights.

Answer 8

The most that I believe that he could do would be call the police to make a report then hire an attorney and file parental kidnapping charges on her .

He will have to show proof that he is the biological father and that he is on the baby's birth certificate . He will also need to show any documentation that he has custodial rights if he has any .

It is possible that he may be able to scare her into coming back with the baby .

He could tell her that she has 1 week to return home with the baby or she will be picked up on parental kidnapping charges . This may be enough to scare her into bringing the baby home .

If he does this and it does not work then he will have to press charges on her .

Best of luck to you and him and the safe return of the baby .