Can you press charges against the father for not returning your children back and he now has sole custody?

Answer 1

Sole custody is a legal status that is determined by a family court. If the father simply took the child and keeps him from you that doesn't mean he has sole custody. Pressing chargescannot be discussed due to the lack of details.

United States

This is a legal problem. In the United States there are laws and guidelines that govern domestic issues and no person must try to solve this type of problem on their own. The laws provide checks and balances to protect the legal rights of the individual from abuse by stronger individuals.

Since details about marital status or any existing court orders were not provided, the following is a brief general summary to help the mother plan a strategy to enforce her legal rights.

• An unmarried mother has sole custody of her child until that status is modified by a court order. The father must establish his paternity through the family court and then obtain a court order to establish his custodial rights. He may petition for joint custody or sole legal and physical custody if he believes the child would be better off with him. The court will render a decision based on the evidence.
• If the parties are married then each has equal parental rights and the father has no right to keep the child from the mother without a court order.
• If the parents are divorced the father is keeping the child from his mother without the legal right to do so unless he has a court order that supports his actions. In this case, his keeping the child from the mother would be against the law.

The mother should contact an attorney or a legal advocate at the court immediately. She may be advised to request a restraining order and to have the child returned from the father's home. The state laws must be applied in this case and the court will render its decision based on those laws.