Social Services made me give up the name of my daughters father to get him to pay child support. The ordered him to take dna test. After that he was then put on the birth certifate. She lives with me, he never was in her life, he took her from daycare and now won't give her back. What are my rights?
3 Answers from Attorneys
Social services did not do what you said. Support enforcement did. And the reason is you are taking taxpayer money to support your child, and the father should pay, not the taxpayer. You should have limited who could pick up your child from day care. Get an attorney who can file for an ex parte order immediately giving you physical custody until a hearing to decide where the child will live.
A cop can't take the child from a parent unless they have a court order to do so. You will need an attorney to try to get you that court order. Whether they succeed depends on the facts.
At this point, as I understand your question both parents have equal rights and there is no judgment of custody granting either parent custody. You can file for custody with the court. He will look bad with the judge for his failure to return the child following this visit.