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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.