out for her arrest for bad checks and she has to drop the baby off at her father's house this Wednesday and he knows she has these warrants, can the father keep the baby until she gets the mess cleared up? What if he gives the child back and the mother gets arrested with the child in the car? Isn't it in the best interest of the child to not be around that? By the way, this father has been trying to get custody from the mother for a few months, (she works late hours and the child stays at a babysitter's overnight as well as she keeps a filthy home, has no health insurance on the child that she is required to have, is not providing adequate supervision, etc) and the father has shared parental responsibility, pays child support (is current and owes no back child support), carries medical insurance, has standard visitation and always asks for more time with her. He just wants to see that his daughter is not in a bad environment and well taken care of.
2007-10-23 03:51:46 · 9 answers · asked by Lori W 2 in Politics & Government ➔ Law & Ethics
We did just find out about the warrants on 10/19 and apparently they were issued on 8/23. It has only been a couple of days and not sure which way to go yet.
2007-10-23 04:13:00 · update #1
The court order (final judgment) states the Mother is to provide healthcare. Obviously not the norm, but that is what the judge ordered at the time. We carry it voluntarily.
2007-10-23 04:14:58 · update #2
The warrants do not change the court order. "can the father keep the baby until she gets the mess cleared up?" - If she agrees the father has no issue. If she gets arrested while the child is with the father it is likely the child would remain with the father until she is released.
All the rest of the story is great information to share with a lawyer if the father is seeking a custody change. If the child is in danger while in the mothers care the situation should be reported to child services immediately.
2007-10-23 04:03:37 · answer #1 · answered by davidmi711 7 · 0⤊ 0⤋
Does the mother have sole legal and physical custody? If she does, the father can take her to court for custody. Is there a parenting schedule in place? The father can legally keep the child (no matter what the mother says) during those designated periods. Have they actually been to court, and arrived at a visitation schedule?
I have been through a similar situation with my daughter. Since Family Court is a haven for the "mother", it is not an easy road for a sincere father.
If I were the father, I would ask myself, "Am I committed to the welfare of my daughter?" He will need to be ready for the hard work and sacrifice ahead.
Next, call Child Services to inform them of the child's environment, and hope they make a visit. Look into the warrants to make sure they are legitimate (there are online services you can use). If they are, call the police and have her brought in. While she is in jail, the father will have legal custody of the child. Once the mother is out of jail, take the information from Child Services, and her arrest record and go to court seeking full legal and physical custody.
2007-10-23 04:23:17 · answer #2 · answered by Futeach 3 · 2⤊ 0⤋
Well if Dad has insurance on the child Mom obviously doesn't need to carry it on her as well- because that would just complicate the claims process.
So why would Mom be required to have insurance on the child.
In my experience it is the person who is paying support that is also supposed to be providing insurance.
I handle HR and all my boys with support orders also have medical coverage orders as well.
My ex-husband is supposed to pay support and provide insurance coverage but since he's an unemployed crack head- I don't see a dime.
So Mom not having insurance is not an issue- the Dad has insurance on the child.
About the bad check warrants- she may not be able to pay the restitution to get that fixed but she needs to be urged to set up a payment plan to get those taken care of.
If Dad is really interested in making sure she is taken care get a lawyer and sue for custody.
Violating the visitation guidelines will cause him nothing but trouble and not endear him to the legal system that he's going to need on his side if he wants custody.
2007-10-23 04:06:22 · answer #3 · answered by tnfarmgirl 6 · 2⤊ 0⤋
I'm not sure how legal it is, but I'd tell the father to take custody of the child until a court date can be determined to sue for full custody. Or you could just call the child protective services (DFCS in Georgia) and go to the home with the caseworker appointed to take the child that way until a court date is set.
Good luck.
2007-10-23 04:19:50 · answer #4 · answered by hikimamma 2 · 0⤊ 0⤋
The Parent (be it mother OR father) cannot disregard the court order for any reason other than a demonstrated danger to the child.
This situation does not fall into that realm.
If the child is in the car (or the possession of the mother) when she is arrested, the police will turn the child over to Children's services who are obligated to contact the next parent.
If you are so worried about your child, why have you not called the police to inform them of her whereabouts BEFORE something happens?
2007-10-23 04:02:56 · answer #5 · answered by hexeliebe 6 · 1⤊ 0⤋
So if he wants custody and knows she has warrants why not alert police to her whereabouts the next time she is scheduled to drop the child off?
Definitely keep providing health care regardless of what the court order states...it will prove to the judge, in a custody battle, that you have the ability to provide and will provide even when not ordered to do so by the court.
2007-10-23 04:01:15 · answer #6 · answered by Notagain 6 · 2⤊ 0⤋
The father should first try to work the immediate situation of the warrants out with the mother voluntarily. Maybe she would be willing to turn the child over temporarily until she gets her legal problems worked out. Then, if I were the baby daddy, I'd take her to court and try to get custody...Under no circumstances would I get CPS involved unless the child was in immediate, life-threatening danger (a dirty house does not constitute being in immediate danger). They're evil, evil people and sometimes if a daddy uses them to get to the mommy it backfires on both of them....Once they get involved you won't get away from them....
2007-10-23 09:39:27 · answer #7 · answered by lillllbit 6 · 1⤊ 0⤋
It relies upon on the jurisdiction, your checklist, how the warrant become issued, how previous the warrant it, how crowded the reformatory is, and how undesirable the crime become. i assume you probably did not seem to a courtroom date for an arraignment. if that's the case, you would be able to desire to take delivery of a bail volume or you would be able to take delivery of a launch on your very own recognizance. i'd get some money at the same time and flow see a bail bondsman, so which you do not spend greater beneficial than a pair hours in reformatory. while you at the instant are not released on bail or as we talk, you will in all risk be arraigned interior of a pair days. The decide would supply you an OR at that element. At arraignment, ask for a public defender and verify to tell the decide you have not any money. Make an appointment with the standard public defender and keep all appointments. Be respectful to the standard public defender. distinctive defendants are thoroughly disrespectful to their public defenders questioning that they might yell their way out of this concern and that being disrespectful gets them their way. in case you somewhat need the standard public defender to "combat" for you, kiss their *** and lead them to such as you. they don't gets a commission sufficient to deal at the same time with your ****. in case you recognize them, they're going to return you telephone calls. stable success.
2016-11-09 07:00:34 · answer #8 · answered by ? 4 · 0⤊ 0⤋
1. Do what is best for the child.
2. Don't be a jerk.
3. Every fight you have with the child's mother makes it worse for the child.
2007-10-23 04:42:20 · answer #9 · answered by Darth Vader 6 · 0⤊ 0⤋