my sons dad has not been around for 3 yrs only his mom and sister

UPDATED: Mar 24, 2009

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my sons dad has not been around for 3 yrs only his mom and sister

now that he just came out of jail he wants to see my son more and i dont even live in the same state and is threatining me over and over he is going to take me to court and i told him he can come get him when ever he wants be he wants me to take him to him and i cant im not in the same state, he also threatens me he will call the cops and say i kidnapped my son , can he do that???

Asked on March 24, 2009 under Family Law, California


R.C., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

First and foremost, get an attorney.  This will give you the greatest protection.  If you can’t afford a private attorney, try the "California Courts: Self-Help Center" for help with both a recommendation for a low cost or no cost attorney, and some of your other problems with your son's father as well.

In the meantime, assuming neither of you has gone to court about custody of the child, there is no law that says you must take your son to him unless he has a court order saying so--which is doubtful.

He can, of course, call the cops.  He can call anyone he wants.  That doesn’t mean the police will believe him or respond to him. You did not kidnap your son,did you?

Until you have an attorney, be very careful about letting him come to your state to visit your son.  It would be better not to have a visit until then, but if you can't avoid one, supervise the visit and keep it short. Bring friends with you and tell them to remain quiet. Don't antagonize him, but stay there at all times.  Do not let him take the boy away from the visitation place. 

Finally, it seems that all these threats add up to harassment.  Ask your attorney if you should call the police.  In the meantime, can you change your phone number?

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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