Am I within my legal rights as the mother to go to the home where my son is living and take bck custody or have the police go there with me?

My husband, from whom I am legally separated, came to the state where I was living and took my son without my permission. He brought him out of state where we both grew up. My son is now living with his grandmother not his father. I had sole custody. He has never paid a penny of support and his name is not on the birth certificate because he did not even acknowledge his son until he was 6 months old. I have moved back to Washington and cannot get the grandmother to answer my calls and the father will not allow me to see or speak to my son and continues to alienate him physically and mentally.

Asked on July 9, 2012 under Family Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you minor son is residing with someone other than who is stated on the custodial order then the best way to deal with the situation and to retrieve your child, you should contact a family law attorney and have the attorney coordinate the transfer via law enforcement and the court system.

Self help on the situation is not recommended.


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