Is it illegal for the cops to give the father my child even since paternity hasnt been established and theirs not custody agreem

Asked over 1 year ago - Mocksville, NC

Primarley my daughter was taken from the father and were civil at the time and had verbal agreement. When everyone got a new bf or gf it all turned around.He first tried to let me see her with his father but then i took her and told him to go get a custody agreement set or you and i will go down their.He didnt and i didnt have the money for an attorney.Her plottd to come where i lived and my daughter was playing outside and he came up and took her while i had possesion of her.all i want is joint.the cops was called they said its nkne tenths of possesion and they allowed for him to take her.But if i stepped from out of their property and did same thing i would be arrested.Since then havent seen 7 months. agreed in mediation but after that still nothing.this isnt right

Additional information

Ive tried to be civil..Shouldnt his lawyer for the childs best interest should of set some kind of visitation till a court date was set? He will not talk to me on phone he doesnt lt me know whats going on? he has blocked all my phones and friends only he can call on those days for my daughter to call...

Attorney answers (2)

  1. Sean F. McIlveen

    Contributor Level 9

    3

    Lawyers agree

    Answered . I have unfortunately seen this many times. Regardless of whether you were married or not, if he is the biological father, her has equal rights to the child as you. The scenario that you pose seems to be that there is no custody order in place. Without an order, whoever has the child can keep her. He cannot take the child from your possession, and you cannot take the child from his possession. Either one of you can take the child from 3rd parties. I do not condone this snatch mentality, but does he work? If so, can't you get the child from her school or daycare provider? This, of course, assumes that there is no custody order in place. The better way to handle the situation would be to file a motion in the custody action for the Court to set temporary custody/ visitation. Then you wouldn't have this tug-of-war going on. The longer that you go without seeing her, the worse your case is getting. You need to get into court immediately.

  2. Andrew Nicholas Clifford

    Contributor Level 11

    1

    Lawyer agrees

    Answered . The other attorney is correct - this case needs to be heard in court. It doesn't seem like the father has any intention of "being civil" as you have stated you have. It appears as though you need to file a complaint for custody and have the Judge decide custody and visitation. Consult with a local family law attorney immediately.

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