Legal Question in Family Law in Missouri

My son has a boy child who is five yrs. old, the mother has legal custody, my son and the mother were never married. My son's name is on the birth certificate as the legal father, he has not filed for any legal shared custody due to not having the money needed yet. The mother has taken the child out of state so she can meet up with an unknown man she has met online. We haven't seen the boy for almost a week and are very worried with him being in this situation. The mother is Bi Polar with a history of violence in the past. The police say we can't do anything because the mother has legal custody, but we don't understand why we can't file a missing child report, we believe he could be in danger.


Asked on 10/27/10, 6:33 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Under the facts you described, the mother has nto doen anything akin to "kidnapping" her Son. But, if the mother's untreated health situation could put the child at risk, the authorities still want to know, even if the mother has nto yet committed acrime. If your Son knows which state the mother an child have moved to, he can report the situation to that State's version of Chidl protective services. They may investigate to see if the child is at risk or actually being neglected or abused.

Good luck

Read more
Answered on 11/02/10, 7:52 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Missouri