If my son’s father took him from me after he had been in just my custody for the past 6 months, what can I do about getting him back?

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If my son’s father took him from me after he had been in just my custody for the past 6 months, what can I do about getting him back?

We were never married and have no custody order in place. My son is currently 3 and missing out on daycare and therapy sessions. His father has not been employed in several years and does not have a place to live. I am the exact opposite. I just want my son back.

Asked on September 23, 2015 under Family Law, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You will need an attorney to bring this matter to court to decide custody, visitation and support. I am unsure what occurred between now and six months prior, but keep in mind that if there is any possibility you will not obtain full custody, consider a well-coordinated and planned visitation plan. 
You need to put your rights on paper simply relying on each other's word will not work and is unfair to the child.


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