What are my chances of getting custody of my son? 12 Answers as of March 04, 2014

My ex girlfriend took our son and won't let me see him and won't tell me where she's living with my son. She has drug problems and recently has been arrested and charged with drugs back in August and she’s on probation? I need to know what to do to get custody of my son.

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Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
You first need to make yourself a legal father, which you should have done as soon as the child was born. If you're on the birth certificate, file a petition to establish a parenting plan/child support. If you're not, file a petition to establish parentage. Either one will allow you to create a parenting plan allocating time, in the best interest of the child, to each parent. Private arrangements about children are not recognized by the law. You need to go through the legal process which will allow the court to take a closer look at each of you. Get a lawyer if you can.
Answer Applies to: Washington
Replied: 3/3/2014
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
If you are in Florida, you need to establish your rights to your child legally in court. You need to consult with an attorney in order to best determine your potential rights and options, as well as your likelihood of success.
Answer Applies to: Florida
Replied: 3/3/2014
Atticus Family Law
Atticus Family Law | Matthew Ludt
A motion for custody and parenting time can be filed and served upon her. In doing so, because custody of him has not been previously addressed by the court, the court will use the Best Interests of the Child (BIOC) standard. As opposed to standard of proof that puts a greater burden on you to win custody, the BIOC standard needs you to merely show the court that your son would be better off with you than his mother. Though these documents are available free online, you are well advised to use the assistance of an experienced attorney if you are going to put your best foot forward towards getting what you want.
Answer Applies to: Minnesota
Replied: 3/3/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
All you can do is ask. Assuming that what you say about your ex is true and you don't have any problems, chances are that you will get primary custody of your son. An attorney will help you do that, so contact a local family law attorney and see what your chances are in your area.
Answer Applies to: Idaho
Replied: 3/3/2014
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Contact your local police department and file a report indicating that your child is being concealed by the mother. File and serve your ex parte request for sole legal and physical custody of the child based upon her behavior.
Answer Applies to: California
Replied: 3/3/2014
    Padove Law | Burton A. Padove
    You need to hire counsel to enforce your rights. The information provided is such that immediate action should be taken! Do not delay.
    Answer Applies to: Indiana
    Replied: 3/4/2014
    Beermann Pritikin Mirabelli Swerdlove LLP
    Beermann Pritikin Mirabelli Swerdlove LLP | Michael C. Craven
    You must first legally establish that you are the child's father, if you were not married to her. Custody is decided based on a best interests standard and the standard is applied case by case based upon the specific facts.You need to speak to an experienced family law attorney to determine if the facts of your case support a custody award to you.
    Answer Applies to: Illinois
    Replied: 3/3/2014
    Law Offices of Laura M Urbik Kern | Laura M Urbik Kern
    You need to go to court on a petition to establish paternity and request custody and parenting time.
    Answer Applies to: Illinois
    Replied: 3/3/2014
    Law Offices of Lauren H. Kane | Lauren H. Kane
    You need to file for custody.
    Answer Applies to: Pennsylvania
    Replied: 3/3/2014
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Retain an experienced Family Law Attorney to file a Paternity Case for you, or if you can't afford a lawyer, go to your Superior Court's Self-Help Clinic for assistance preparing the paperwork for a Paternity Case. Once filed, it will have to be personally served on your ex-girlfriend by someone other than you over the age of 18 years.
    Answer Applies to: California
    Replied: 3/3/2014
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    File a motion to establish paternity, custody and placement.
    Answer Applies to: Wisconsin
    Replied: 3/3/2014
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