What Should I Prepare for When Starting a Custody Battle?

Updated on December 18, 2010
L.K. asks from Temecula, CA
11 answers

My son and stepson got in an argument the other day. There was a lot of shouting and yelling so I told my son to have his father pick him up so everyone could just cool off. I expected his father to take him to school the next day and then my son would be home on the school bus. Turned out that my ex called the school and said he would be out for the rest of the week. My ex has cut all communication with my son. I call his cell phone, no answer. I call their house, no answer. He is keeping my son from me and I have no communication whatsoever. My ex has not paid any type of support for my son since he was born. My son is 12 years old and I have done EVERYTHING for him from day one. How do I get my son back?

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So What Happened?

Well its been a little over 2 months now since my son left and still has not come home. I went to my ex's house and tried to speak with my son but he did not want to speak with me. He refuses to speak or see me. My sister is the only one he will speak with and she says he is a completely changed person, that he uses bad language and acts like he is all big and bad. It is as if he has been completely brainwashed. He tells my sister that he loves it there because he is the only child there and gets to do whatever he wants. I have been contacting various lawyers in my area to see what options I have. They all pretty much say the same thing. My son does not want to come back home but I know that living with his father is not the best choice. His dad does not work, he is always sick because he is diabetic and does not take care of himself. He lives off of his parents and wife and just sits at home and plays video games. Not to mention that he is always telling my son negative things about me. Im hoping that his bad habits will work in my favor regardless if my son wants to come home or not.

More Answers

J.E.

answers from Los Angeles on

report him as missing. Explain how unusual the situation appears, express concern for their well being since they are both missing. be careful what you say, and dont get emotional. If they are located, ask that the police speak to your son privatly/ apart from dad.

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M.B.

answers from Los Angeles on

Do you have court papers saying he is to be with you? If so call the police and have them meet you over there to get your son. Although they generally dont enforce court orders they might be able to help. My SD's mom tried to come get her on our time and the police didnt make my SD (12) go with her. Either that or file an Ex-Parte and take him to court and get your son back. Good luck!

Just a question: Why are you not over there pounding on his door?

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L.L.

answers from Orlando on

If your custody papers state you are the primary parent then i personally would call the police and have them go get your son and bring him home. Your ex has NO right to completely cut off communication between you and your son AND keep him out of school without good reason.

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C.G.

answers from Denver on

Pull out your custody papers, call a police officer to meet you at his house and get your son back now!

You are hosed right now because ex has the son.

Once your son is back in your physical custody you start proceedings. You document on a percentage basis who has done what for your son:
taking to school
doctor visits
putting to bed
getting breakfast
buying clothes
school supplies

Every little mundane thing. Document mom does what percent, dad does what percent.

Again, get the boy back first.

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K.K.

answers from San Diego on

Hello, If there is a custody order in force, then you can have the police to meet you at your ex-husband's and they will make sure he hands your son back to you. If there is no order, then you need to go to court and get one. He cannot withhold your son from you.
Good luck with your precious family.
K. K.

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M.B.

answers from Grand Forks on

omg, i'd be freakin' out. i don't have advice...just sending prayers up. go get your son. who cares if you look crazy or if ex isn't actually kidnapping him. when he was born, didn't you think to yourself you'd do anything for him (son)? welll...unfortunately here's your chance to prove it.
i'm so sorry for you, omg so sorry. b/c your ex sounds like he has a black heart like my ex. what kinda person would keep a child from his mother? so sad. i'm so sorry L.. :(
stay strong for your son, okay?

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J.L.

answers from Chicago on

What is your divorce agreement state? Call the police to enforce it if there is a written legal document spelling out the terms. He can not keep your son from you. Keeping him out of school is irresponsible. If you have no specific agreement contact your attorney for an emergency motion to be filed regarding this. This is serious and urgent matter...Take action now.

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S.F.

answers from San Diego on

Notify the authorities and get a GOOD lawyer (you pay for what you get so you might have to fork out $$ but it will be worth it in the long run).

As of right now, get a legal notebook and start documenting EVERYTHING. Your 'word' will not hold up in court, you need to document the day/time of the events that occur (with your ex) and also, the things you do for your son. Start journaling this everyday because it will be the first thing your attorney asks for.

Sorry for you and especially your son.
Good luck!

S.R.

answers from Los Angeles on

that is kidnapping, my friend. you need to contact the police. and a family lawyer.

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B.V.

answers from Los Angeles on

Get a good lawyer now.

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T.S.

answers from Los Angeles on

Why did you have your son leave and not your stepson? Or just seperate them? As a child, he may have felt really bad about that. I have a 12 year old son that dad does nothing but if his dad ask for him, which is not often, and my son wants to go i let him go but I guess this is something to think about now. This has made me realize that I need to file for full custody since I don't have anything saying that I have full custody. It's a really sad situation. But I'm thinking your son went over there and when his dad asked what happened, he told him about the argument with his step brother and that basically, you sent him away. You know how kids are, they think for that moment, they don't see the big picture. And like the other person said, they will try and dig up all the negative on you so make sure everything is in order. Your son may be saying that you pick sides or something...just being mad at you for sending him away but not realizing it can affect everything. I do wish you luck with everything. Prayer works and I'm going to say one right now....God Bless!

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