Can He Do This?????

[kbl]

What is the name of your state? tn

Last time I asked if my son's father could take me to court for visitation for just our son and not our daughter. He called me today and told me that his LAWYER said "he can come and get our son anytime he wants to, and take him to NC, and I cant stop him" Is this true??? There is no visitation order, but he does pay child support. But I was under the impression that they were two different things. Like I have mentioned before, he hasnt seen his son since Aug 04, and my son (who will be 2 in Apr) doesnt even knw him. He even said his lawyer said that the police wont do nothing if he did that. I am wondering can he do that? I would not let him leave my house with our son now that I know he is thinking about running with him. What am I to do??????

 

[Ambr]

Paternity established?

Custody order in place?

Visitation order in place?

 

[kbl]

yes paternity established. no custody order, no visitation order. when we went to court for CS he didnt even show up.

 

[SMURFEELAW]

Ok there is no visitation but is there custody? I would guess he is blowing smoke but it depends if there is a custody order (and there should be since there is a child support order) then he cannot go against that w/o getting in trouble.

 

[kbl]

I dont think there is a custody order.... He wasnt at court for CS, so I guess that gave me custody????????? I am just confused, sometimes he doesnt have all his marbles. He just got back from IRAQ, so he might not be thinking straight. I am scared for my son.

 

[Ambr]

According to the TN law,

IF you were not married when the child was born
and even if paternity has been established

IF there is no custody order in place, custody of the child is with the mother.

http://198.187.128.12/tennessee/lpext.dll?f=templates&fn=fs-main.htm&2.0

36-2-303. Custody absent an order of custody.

Absent an order of custody to the contrary, custody of a child born out of wedlock is with the mother

Couldn't he be charged with kidnapping (taking kid across the state lines) rather or not he is the established father?

 

[kbl]

that is EXCATELY (sp?) what I am thinking...... how can he just come fronm NC to TN and just take him????? Wouldnt the cops do something.

 

[Ambr]

Personal opinion........

I would verify that there wasn't a custody order in place?

If you haven't filed for custody in TN.
What's to keep him from filing a custody case in NC?

Assuming that he has met residency requirements for filing in NC.

 

[kbl]

what are the residency requirements??? My son has lived in TN except for two months out of his life. He was born here, his fathers lawyer is here in TN not NC. I will check with CS to see if there is a court order.

 

[kbl]

Can he just come and take him out of the state??????????????????????????

 

[stealth2]

What state is the CS order from?

 

[kbl]

The CS order is from TN

 

[stealth2]

Then, absent a court order for visitation or custody from TN, you don't even need to allow him to see the child.

 

[kbl]

If he tried to take him, is that kidnapping??? That is why I wont send him to NC because what if he didnt send him back, now he's saying his lawyer told him to come and get him.

 

[stealth2]

You do not have to allow him to see the child or take him anywhere. If he should try to, you can call the cops - they will not likely force you to send the child unless he can produce a valid court order giving him the right. But this is exactly why you should be getting these legalities taken care of in court.