My son’s father and i were never married and never filed a custody agreement. My son has been living with me his whole life (he’s 3 and a half) and his father has been regularly visiting. Last week I asked the father to take our son for a few days because I was working and looking for a new job at the same time and needed child care help. The father now won’t let me see my son and refuses to give him back. I am now filing for custody and since I have been caring for our son his whole life, have a bedroom for him (his father doesn’t), take him to preschool, etc. I’m confident that the court will grant me either sole or primary custody. However, I am worried about what my son is going through now being kept away from his mother and not knowing why. I want to at least see him to reassure him. Is there any way that the law can help me get him back before all the paperwork has cleared? I’m am very worried about what is going on in that house right now and can’t imagine waiting weeks for the court to decide on custody!
You can file an Emergency Motion for custody but the court is unlikely to grant it without some sort of apparent danger to the child
As Ms. DeNable stated you can file for an emergency motion, but it will likely not be granted, but what the court may do is schedule an expedited hearing (a few weeks after the emergency hearing is heard).
In the meantime you can call the police and they will do a welfare check for you to confirm he is safe and doing okay.
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You should also hire an attorney that can assist you with the process. It is long and sometimes procedurally complicated even when you have a strong case.
Short of an emergency, there is little that you can do in the short term. But in the long term, there is a lot that you can do, and it sounds like you are doing it by filing for custody.
In addition, I would communicate with him primarily by e-mail or text so that you have a written record of your communication attempts. And, when you write or text, you should make repeated requests to see your son for reasonable intervals, such as an hour here or an afternoon there. Do not tire of making such requests just because he may say "no". By making these reasonable requests in writing, if the father denies you or ignores these requests, you are creating a written record showing that he is alienating you from the child. Such record will be damning to his case at trial because courts HATE parents who keep children from the other parent, and it will likely grant you more control in the final custody order.
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