I Have No Idea What My Rights Are?? Soon to Be Ex Husband Refuses to Return Son

Updated on April 01, 2009
A.J. asks from McKinney, TX
12 answers

There were never any temporary orders issued in our divorce. The papers were drawn up and we went to court and got the divorce granted by the judge. This was Jan. 6, 2009. The divorce would be final in 30 days (Feb. 6) if we both turned in our signed copy of the final decree to the courts before then. Well, we both noticed little things we wanted modified after we left court that day and neither one of us got our signed copy in by Feb. 6. Two weeks ago, my ex and his girlfriend decide they are moving in with each other April 1. So, knowing our divorce has to be final, (or I could just move in right along with them because it would still be considered "our" property) he is now frantically wanting it done and over. I have no problem with this. The things I wanted changed were not that big of a deal. First thing he does to try and get me to sign them is stop paying support that was ordered (but not signed by the judge yet). I am a single mother of 4 who was laid off and abandoned by my husband overnight. I need the child support to care for the needs of our child! By this time (and the day after he told me to) I have already sent my signed copy to the lawyers office. The following weekend it was my weekend with my son for spring break. He showed up at my house when I was at my son ball game and told my mother that he was supposed to pick up our child. She let him have him, because in all honesty, she had to. He's his father. Since that day, my husband refuses to give him back until he sees proof online that the judge has signed and granted our divorce. What can I do. This is my baby. All he knows is me. I am his everything and this monster is using him as a pawn trying to manipulate me but even if he could, there is nothing else I can do at this point. Does anyone know if I am allowed to go pick up my son when my husband is at work and he is left with one of his family members? I am afraid to scare my son with a bunch of cop cars and that whole scene but I don't know what else to do.

What can I do next?

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So What Happened?

Thank you everyone for all of your advice and expressions of concern. I did get him back. My ex let me go to his house to visit him and I talked him into taking my son to the park since it was a pretty day. On the way to the park, I called the police and told them that I had my son at the park and my ex husband was trying to take him from me and asked them to come help. When the cops pulled up, I just picked my son up and told my ex that I was taking him. He told me that I couldn't but once the police spoke with both of us they let me take him home. This infuriated my ex beyond belief and now he has hired a lawyer and is fighting for custody but hopefully everything will all work out. I am just very thankful that I was able to get him home where he belongs.

More Answers

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L.C.

answers from Lubbock on

You need a new, good lawyer asap. I know that money is tight for you, the first step would be to see if you can get legal aid.

Call 211, like 911 but with a 2 (only works from landline phones), explain the situation and hopefully they can refer you to legal aid or low income legal assistance.

If that doesn't work, I would then ask family, good friends, whoever for a loan to pay for a good lawyer for this.

The is a little off subject, but I think you need alot of encouragement and support too at this time. If you aren't part of a church, know would be a great time to join. Read this if you're needing help finding a church:

http://www.associatedcontent.com/article/1374119/how_to_f...

Some churches have groups for people trying to heal after a divorce - I highly recommend finding one.

Also, you need lots of support as a single mom --------- You shouldn't have to go through this alone!!!!!! I highly recommend finding a Parents W/out Partners group and others - read this for some good links:

http://www.associatedcontent.com/article/861171/how_to_fi...

Also don't hestiate to get WIC or FOOD STAMPS or assistance to help you in this time of crisis. Call 211 for referrals.

(((HUGS)))

1 mom found this helpful
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C.B.

answers from Dallas on

Why cant you pick up your own son from his relatives home? There is nothing illegal about that, I would get the police involved and ask them for the courtesy to only act if the relative refuses to hand over your child, they might be inclined to do so if they see a police car out front. They CANNOT keep your child from you. Obviously you need to go back to court and tell the judge this, you should try to fight for sole custody, it seems your husband is just another child you will have to deal with. Argg. I feel for you. Blessings!

1 mom found this helpful
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S.L.

answers from Dallas on

He has kidnapped your son and you should tell him that. He is using your mother's care against you. He's thinking she won't call the police because she doesn't want to scare our son. Go get him with police escort. I wouldn't have waited I love my kids and they are not in any way a bargaining tool.

1 mom found this helpful
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D.S.

answers from Dallas on

I worked in a family law court for three years. Your divorce is not final till all parties have signd. Contact your attorney if you had one (you WILL need one if you can afford it or not-trust me on this) Also contact the D.A. office they can help.
And the best answer for help is to PRAY!

1 mom found this helpful
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K.C.

answers from Dallas on

If the divorce isnt final and there are no custody papers in place you have every right to go pick up your son from his relatives. You are his mother. And if they dont let you take him then call the police.

1 mom found this helpful
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S.E.

answers from Dallas on

I do agree with getting a good lawyer because they can enforce things that u can't. And if the papers aren't signed then u may not have much to work with but your papers probably say "nontransferable" which means if he can't take care of ur child then he must give him to you, not his family. That is something I was unaware of so be sure of that because that means if he is unable to take care of the child then he has to give possession to u.

1 mom found this helpful
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A.S.

answers from Dallas on

I am so sorry that you have to go through this ordeal!

The advice you have received so far is sound. Call the police on an non-emergency line and speak with someone in regards to the situation. He has kidnapped your son, there is no doubt.

Second, you need a better lawyer. There are a lot of groups like "Women in Need" that can help you find a lawyer and help pay for it. Look up a womens shelter, they can usually tell you where you need to go...or ask the police when you call them for a service like that.

Do not let this continue any longer.

Best Wishes!

1 mom found this helpful

M.D.

answers from Dallas on

A.,
Have you called the police yet? I would call them, if your husband is at work, and your baby is with family, well, you are the mother, so you do have legal rights to have him. If the place you are living is/has been the babies home, then they should let you bring him home. They will ask for court papers, tell the the truth, they still should help I think.

Also, talk to your lawyer, she should know your rights too.

God Bless!

1 mom found this helpful
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J.S.

answers from Dallas on

Spend the money on a good lawyer. Your son is worth it. Go get your son now! Call the police if they won't give him up. There's no legal reason for them to keep him from you.

1 mom found this helpful
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B.S.

answers from Dallas on

You are not stealing or kidnapping him so of course you can pick him up; however, maybe the relatives will not cooperate. If I were you I would call the police ahead of time (on non emergency line), discuss the situation with them to learn of your rights. Inform them you are going to go pick him up and ask what they think you should do. This way you are acting with legal information and less likely to create unnecessary problems from not knowing something.

You must find new legal representation and start protecting your son's and your rights.

I agree with Lori, I hope you will try to find some support. You will need it to help you get through this. Bless you.

B.

1 mom found this helpful
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J.H.

answers from Dallas on

My now ex did this same thing with my daughter 10 years ago. Only He took her to San Antonio (we lived in Dallas) while I was at work one night. So I know how you feel. What he has done is not illeagal unless the custody orders say he is to only have him at certain times then it becomes illegal. Regardless of that if you know where your son is you have every right to go get him. I had the Sheriff's department with me and they said as long as my daughter came to me no one could stop her. Then once I got her they told me to get my custody orders in place so that he couldn't do that again.
And whatever you do DO NOT sign away his child support obligations. It will only hurt the child in the long run and this action he has done proves that he doesn't want to play fair.
Hugs to you I know this is very difficult, but stay strong for your kids and for the fight you may have ahead of you and all will work out in the end.

1 mom found this helpful
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A.S.

answers from Dallas on

If you have joint custody or sole custody you have the right to pick him up and your soon to be ex cannot keep your son from you. If your divorce is not final you have every right to get your son. Go and ask for him if they deny him then get a office to go with you to pick him up. Good luck.

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