Legal Question in Family Law in Ohio

I need help getting my son back

My ex-fiance and I had my son. I was supporting her and my son during the time we were living together. When my son was 1 1/2, we ended our engagement and essentially broke up. I started getting him weekends and other days. She then was supposed to meet me one weekend so I could have him and she never showed up. She disappeared with my son. I have been looking for him for close to 3 years now. I have talked to a few attorneys and they said I have no rights as a father because we were never married. I was sole provider up until she left. I was wondering if I did have rights. Also, is it possible to charge her with kidnapping my child? One attorney suggested I could try that. Also, does my mom have any rights as his grandmother? If you have any advice I would greatly appreciate it. I really want to get my son back.

Thank you so much.


Asked on 5/26/09, 12:25 am

3 Answers from Attorneys
Edward DiCato Edward DiCato Attorney at Law

Re: I need help getting my son back

Is your name on the birth certificate? Did you fill out an affadavit at the hospital when he was born? Also, you could file a paternity suit, it may be possible to get a finding of you as the father even if she and your son are not available. Please feel free to contact me if you wish to discuss this further. Edward DiCato

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Answered on 5/26/09, 7:58 am
Brian Halloran Brooking and Halloran, PLLC

Re: I need help getting my son back

1. Get Paternity established. You'll need to get her served and likely get a DNA test completed. You'll need to locate her, so a private investigator or the police are your best bet. There is no way she can fall off the grid and not be found. She'll have to use credit cards, bank accounts, reletives, etc..., so you can find her.

2. Once you find her, sue to establish paternity and custody. You'll need to do this asap, b/c if she moved out of state, then OH may lose jurisdiction over the child if they establish residence and the necessary time in another state. Then you'll wind up chasing her to where she moved to file and lose any "home court" advantage you may have in OH. best of luck.

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Answered on 5/26/09, 10:15 am
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: I need help getting my son back

If you have established paternity, you can file a motion for a custody arrangement in juvenile court. If your name is not listed as the father on your son's birth certificate, you have to first establish parentage. I would be happy to help you with this.

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Answered on 5/26/09, 11:05 am


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