I do not have legal physical custody, there is no court ordered visitation on paper, and he refuses to work anything out with me that he agreed on previously in multiple conversations. I am with my son a few hours every day at least but that's all he will allow and my son is suffering for it! Would I be in violation of any kind not having the fathers permission ( no court order visitation no court documents of any kind in place)?
You don't say how long it has been that you have left your son with him or under what conditions you left. Although each parent has the equal right to have the child in their custody when there is no Order, you do not want to get into the game of "now I have him and you do not get him back." You can not have eyes on him 24/7 and that is just going to get ugly. What you need is a Custody Order spelling out clearly when he is with which parent. It sounds like you are not going to be able to work this out with him yourself so obtaining counsel is going to be necessary so that you have someone in your corner standing up for you. Do it as soon as possible so that you can reduce any inference that you abandoned your son. My assumption is that your ex will most likely try to use your absence from the home and leaving the child behind against you. You will want to have a solid defense against that. Best of luck to you!
The answer to this question is for informational purposes only and does not form an attorney-client relationship. Licensed in Pennsylvania and Maryland.
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