How do I write a letter to the father of my child stating my custodial rights?
My child was sent to her dad to spend a week, but it has now been five months and he hasn’t returned her. Now he wants to meet me at a point with the child. We have no court orders, and we were never married or lived together with the child. I need a detailed letter explaining that I have all rights to my child and he should hand her over peacefully to avoid consequences because he is forcing me to sign a parenting plan before handing her over.
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Here's a draft of a letter you can use:
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Your Phone Number]
[Your Email]
[Date]
[Father's Name]
[Father’s Address]
[City, State, ZIP Code]
Subject: Immediate Return of [Child's Name]
Dear [Father's Name],
I am writing to formally demand the immediate return of our child, [Child's Name], born on [Child’s Date of Birth], who has been in your custody far beyond the agreed-upon one-week visit. We had a verbal agreement for [Child's Name] to spend only a short period with you, yet you have now kept her for over five months without my consent.
As there are no court orders granting you custody, I, as [Child's Name]'s sole legal guardian, retain all parental rights. By refusing to return our child, you are violating my legal rights as the custodial parent and engaging in behavior that may constitute custodial interference or unlawful retention of a minor, which is a criminal offense under [relevant state laws].
Additionally, I am aware that you are attempting to coerce me into signing a parenting plan before returning our child. I want to be clear that I am under no legal obligation to sign any agreement under duress, and I will not negotiate under such circumstances.
To avoid legal consequences, you must:
- Return [Child's Name] to me immediately in a peaceful manner.
- Refrain from interfering with my parental rights in the future.
If you do not comply with this demand, I will have no choice but to pursue legal action, including filing a police report for parental kidnapping or custodial interference. I will also seek an emergency custody order from the court to formalize my legal custody and prevent further incidents.
This matter is urgent, and I expect your immediate cooperation. Please respond by [deadline date, e.g., within 48 hours] to confirm arrangements for the safe return of our child.
Sincerely,
[Your Name]
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Good day. My child was sent to her dad to spend a week, but it has now been 5 months and he hasn’t returned her. Now he wants to meet me at a point with the child. I would like a letter stating all my legal rights and stating that he basically committed a criminal offense. We have no court orders, and we were never married or lived together with the child.
Lexi, Chatbot
I'm sorry to hear about your situation. Have you tried discussing the issue with the child's father and expressing your concerns about the extended time your child has been with him?
Yes.
Lexi, Chatbot
Do you have any documentation or evidence of the agreement for your child to spend just a week with her father initially?
No. It was a verbal agreement over the phone.
Lexi, Chatbot
Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with your custody issue.
Yes. I need a detailed letter explaining that I have all rights to my child and he should hand her over peacefully to avoid consequences because he is forcing me to sign a parenting plan before handing her over.
Gurney P
Welcome and thank you for using AskaLawyer. My name is Gurney, and I'm the attorney who will be assisting with your question. I'm happy to draw on my years of experience as an attorney and former prosecutor to offer some guidance.
Have you had any previous legal proceedings or discussions regarding custody or visitation rights with your child's father?
No. He said that because he signed the birth certificate he can do whatever he wants to.
We were never married or lived together, so I guess I should be the primary parent for physical custody and to make decisions for the child.
Gurney P
Thank you for that information.
Gurney P
Here's a draft of a letter you can use:
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Your Phone Number]
[Your Email]
[Date]
[Father's Name]
[Father’s Address]
[City, State, ZIP Code]
Subject: Immediate Return of [Child's Name]
Dear [Father's Name],
I am writing to formally demand the immediate return of our child, [Child's Name], born on [Child’s Date of Birth], who has been in your custody far beyond the agreed-upon one-week visit. We had a verbal agreement for [Child's Name] to spend only a short period with you, yet you have now kept her for over five months without my consent.
As there are no court orders granting you custody, I, as [Child's Name]'s sole legal guardian, retain all parental rights. By refusing to return our child, you are violating my legal rights as the custodial parent and engaging in behavior that may constitute custodial interference or unlawful retention of a minor, which is a criminal offense under [relevant state laws].
Additionally, I am aware that you are attempting to coerce me into signing a parenting plan before returning our child. I want to be clear that I am under no legal obligation to sign any agreement under duress, and I will not negotiate under such circumstances.
To avoid legal consequences, you must:
- Return [Child's Name] to me immediately in a peaceful manner.
- Refrain from interfering with my parental rights in the future.
If you do not comply with this demand, I will have no choice but to pursue legal action, including filing a police report for parental kidnapping or custodial interference. I will also seek an emergency custody order from the court to formalize my legal custody and prevent further incidents.
This matter is urgent, and I expect your immediate cooperation. Please respond by [deadline date, e.g., within 48 hours] to confirm arrangements for the safe return of our child.
Sincerely,
[Your Name]
Yes, this letter is okay. We arranged to meet tomorrow so he can hand her over.
Gurney P
Perfect! I'm glad that helps.
Gurney P
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