Son's Dad Took Him Out of State

Updated on August 15, 2008
K.T. asks from Saint Louis, MO
6 answers

My oldest son was visiting his paternal great grandma in KC, MO. His dad decided that he wanted him and took him out of the state to his current home in Oklahoma. My son has lived with me for 90% of his life and started school in July. His dad said he wants to start over anew with his son and his girlfriend even said that they were keeping him. My ex has always treated my son as a 'puppy'. He'll want him for a little while and then he gets tired of him and tells me to come get him. My son is 11 and needs stability in his life. There is a child support order against my ex but we never went to court over custody. Any advice would be appreciated.

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J.W.

answers from St. Louis on

Get a family lawyer and get into court RIGHT NOW. TODAY. Whether there is an existing court order or not--your son has lived in Missouri most of his life and Missouri has jurisdiction over him. But if you wait too long, Oklahoma will get jurisdiction. In most states, jurisdiction over the child is based upon the child's residnece for the previous 60 or 90 days.

That your ex did this while your son was enrolled, and without consulting with you about it, means he may also get the privilege of paying your attorney's fees. I can recommend a good family lawyer if you live in the St. Louis area.

1 mom found this helpful
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R.K.

answers from St. Louis on

I agree with all the other responders. But I have to say - and I understand this - you are giving your ex way too much credit. He is acting out of complete selfishness. Obviously, he is doing this for himself without any consideration for his son. This was a impulsive move, and frankly, a little frightening. It will not look good in court. If he really wanted to start anew with his son, a talk with you would have been the first step. In that talk he would have assured you that he plans to be a good father, and that he wants to do right by his son, and he'll take good care of him, and he's commited to doing this, and IS IT OK WITH YOU? None of that happened. He's not trying to be a good dad, he's trying to get his way.

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T.T.

answers from St. Louis on

All the responses stating to get an attorney are RIGHT-you cannot wait another moment, you have get info a papers filed, or OK can get jurisdiction. I beleive it is considered kidnapping, please get legal advice ASAP!

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M.M.

answers from St. Louis on

K.,

You need to go to court & get custody figured set out in stone. Go see a family attorney or the attorney who did the child support papers. Right now your ex hasn't done anything wrong or illegal. If your son is used to being with you, make certain it stays that way by having a Court Order. This way, if your ex wants to transport him across state lines, he'll need your permission. Another bonus of getting custody, is that your ex will only be able to keep him for periods of time that were worked out in advance. If he treats his son like a dog, once the puppy stage is over, he'll grow bored of the responsibility of being a real parent. This will emotionally damage your son & it seems like you're aware of this. Don't let it happen. Get the court order.

A.R.

answers from St. Louis on

K.,

Please, please..please.....go to court and get custody. Things may get worst. Your child needs stability and a solid home. Go and solve this before is too late.
Good Luck!
Alejandra

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G.N.

answers from St. Louis on

Not sure what the rules are in MO but where I grew up in Mass if a parent takes a child out of the state without permission from the other parent its considered kidnapping. Something you may want to check with the courts on and try to get custody of him or joint custody, but as you stated the EX treats him like a dog and you only want whats best for your son and you can state that to the courts.

Good Luck

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