So I need some information and advice. If you don't feel like reading the whole thing, just skip to the last paragraph or so for my question.
My ex and I split up in February. He moved out. He had been keeping my son most of the week because he had his mom/other family members to watch him while he was in school, and I had no one. So it just worked out better that way. I saw Malakai on the weekends and for the entire spring break.
Well, now school is out, and I've completed the certificate I was going for. I have nothing but time now. My boyfriend and I went to get Malakai from Paul ( the ex) and paul told us we couldn't have him. We talked/argued for an hour or so, then he finally decided to hand him over. When the weekend was over, I took him back to paul as usual. Next weekend, same thing. And last weekend, he decided that I just couldn't have him period. He had moved somewhere, still in the same town, but I had no idea where and he wouldn't tell me. So I had no idea where my child was, or how to get him. As it is now, I haven't seen malakai since the 17th. :( To top it all off, the sheriff delivered court papers saying that paul had filed for custody.
On those custody papers, it told me where paul lived. So at least now I know where my son is. My question is, if I go over there and call the cops will they take malakai from him and give him to me?? I live in Michigan. All the laws and shit I've read say that the mother has initial custody if the affidavit of parentage was signed. It was, and I have a copy. Two lawyers that I've talked to say that all I need is that copy and the police will take him for me. Two cops that I've talked to say that they can't interfere without a court order. Our court hearing is set for the 10th. I'd really rather not have to wait until the 10th to see my baby. Especially if I don't have to.
So who should I believe, the cops or the lawyers??? Has anyone gone through this and had the police get their kid for them??
If you go to pick up the child, you could find yourself in major trouble with the courts.
As hard as it is, you'll have to wait for the court date.
Are you going to opose his case? aka file for custody as well?
you should... if you are able/willing/stable i see no reason as to why you shouldn't get custody.
sorry you don't get to see him. that sucks mama
I would wait for the court date as well. Better to not chance anything.
If you've talked to the lawyers and you've read the laws and they say you should have initial custody, by all rights you have a right to your baby. He has NO rights to keep the baby from you. Talk to your lawyers and file something and go get your baby!