lovemyson said:
I live in Texas, my wife and our son live in Georgia. We are not divorced yet. She lives in very filthy conditions, I have photo evidence and witnesses. Her neighbors have contacted me and explained all of her bizarre behavior to me. She has left my son with her parents. I want to go get him. I have tried to convince her to let me just come get him, because it is obvious that she does not want him, but every time I mention it she acts like she cares about his well being. She has put him in physical danger, and I need to get him out of the situation. Her parents will throw a fit and call the police if I just show up to take him. I need to know the best plan of action to get him here with me ASAP. He is in danger as long as his mother is around him. As his father I believe it is my sole right to have custody of him due to her behavior. NOT HER PARENTS!
You are married.
The boy is the issue of your marriage.
Your rights as father, are equal to her rights as mother; so long as you are married.
Therefore, you have the right to take your son anywhere you desire.
Your son's grandparents have no standing in this situation, other than the fact they love him.
However, they seem not to love him enough to keep him in sanitary living conditions.
Kidnapping charges can't be filed against a father for taking his son with him.
However, you can't just invade the property rights of others, even to "rescue" your son.
Now, if your wife agreed to let you take your son to get ice cream and you somehow ended up in Texas, he's your son too.
You're still married and no custody orders exist at this point.
Somehow your son has been kidnapped by his mother and forced to reside in her self-imposed squalor.
Extracting the lad from the bowels of such horrid conditions is an unselfish, loving, and caring act.
Such a noble effort, (rescuing your son) should you decide to achieve it, is to be praised.
She'd be facing the same dilemma you're facing, right?
No harm, no crime, no foul.
He is, after all, legally your son, too!
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