Is it kidnapping if I don't bring my son back to his mom?

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snelson5871

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Neither one of us have official court custody. We are both on the birth certificate. He is 3 years old. Her and I broke up when he was 1 and for the last 2 years he has lived with her but now she has been in and out of mental institutions and she has no job and no money and doesn't even try to get a job. She has been addicted and re addicted to prescription pain pills throughout the entire time I've known her and I'm sick of it so I want to take him from her but don't have the resources to do it through the courts because it is very costly and I am living in one state while on parole in another state. My PO knows i am and he's ok with it because I haven't caused a single bit of trouble since I've been released. He has also submitted my case for early release and that is pending and I should receive an answer in a few months at most. He can't put me in for a transfer to another state because I don't have enough time left on parole. Now for the kicker, His grandma on his moms side plans to move to Oregon with him on June 10th and if she does I'll never see him again. So yeah the main question is is that considered kidnapping
 
I think you should talk to your PO and see what he says I also think it is you favor that there is no offical court order. I am not sure where you live, but you could also call the court house and speak to child services and see if they could help you. Also check into free legal aid to see they can help you with the custody order and you may not need to pay. I do agree with you that you need get the child out of her care. The grandmother may not be able to move with the child out of the state is the mother moving with them ?????

Good Luck
margie

i am not an attorney
 
Was paternity ever established? Did you sign the birth paperwork? What state are you in? Depending on your answers to these, then I can help you more. At any rate, if mom has all these issues, why haven't you filed for custody? It is in your best interest to file for custdoy now before mon does, and since you have the child in your care.
 
You have been given excellent, state-specific legal advice on the other site you posted on.
You don't have any custody/visitation rights YET. Mom has full custody until a court says otherwise.
 
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