If I recently got my son from his mother who lives in another state, can I get in trouble if I don’t send him back?

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If I recently got my son from his mother who lives in another state, can I get in trouble if I don’t send him back?

She’s had him since he’s been born. I had to get a affadavit notorized saying that I could get him and return him to her. She saying if I don’t send him back she will file kidnapping charges but we have no custody order. Will I get into trouble if I don’t send him back to her?

Asked on July 27, 2012 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, I think that you can.  You need to do this legally and by that I mean you need to file a Petition to establish paternity and for custody of your son while he is in your care.  I do not advocate having an adversarial relationship with his Mother but unless and until you do the above you will have no rights and you have the same rights as she.  You must file the petition where the child "resides" but he is physically with you now so you may be able to do it in your state.  Speak wioth a lawyer.  The best thing to do is to enter in to an order that you both agree to and raise our son together, even in different states.  Good luck.

 


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