Thursday, May 13, 2010

Can a parent just take children away from other parent?

My daughter has left her partner through domestic violence, both physical and emotional, and has taken her two young children with her... He is now threatening her that if she doesn't take the children to see him, whenever he wants, he will come and physically take the children off her... can he do this?Can a parent just take children away from other parent?
She has to petition the court for custody. Unfortunately, it can be expensive to file the petition but if she has a financial hardship she may be able to get the fees waved. The sooner the better because until then he has equal rights to the children. If he comes to take them call the police and let them know that he has a history of abuse and that she is afraid he will take them and run. They tend to side with the mother (police and courts) so she should have some luck. To keep them safe for the meantime she should also file for a restraining order on him against her and the kids (so there's documentation for the custody hearing). Any legal establishment will say that if it's not in writing, it didn't happen so be sure to call and file a report with the police EVERY TIME there's an incident, no matter how small for documentation purposes. Bottom line, though, is: try to keep her out of any situation where she is alone with him for a prolonged period of time because an abuser will look at the current situation as ';loosing control'; and he may do something drastic in order to ';regain'; that control. That could include ';if I can't have you, no one can'; and that never ends well.


Best of luck to you, your daughter and your grandchildren. It's an ugly situation that all too many women get in these days. I hope it all works out for your family.Can a parent just take children away from other parent?
a restraining order needs to be done .if you want to you can tell him he cant come in your yard.if she lets him then you cant do a thang.but thats what i do,restraining order.til it goes to court.now once court settles he may get the kids only on his days the court allows him to have and she's got to obey the order unless he abuses the kids too.if hes abuseing the kids then i get something done to where he has to get supervised rights and also he has to go to those classes,anger management and parenting class.she can request anything in court and get alot of help she just got to be the one to go forward and not be afraid.if she drops the charges then its on her.but you are allowed so many drop charges and then you're unable to go again for some years.she can get the restraining order done yearly if she wants to.its on her to make the right decision.let her make that choice.dont step in and try and do it for her or talk her into doing it.but its her only thing to do.
Oh he has legal rights to his children but in this situation I would say he is still being abusive and trying to control her through intimidation and using the children as pawns. I would immediately seek legal advice of a lawyer and call the police.
She needs to call a lawyer and then get a restraining order put on him.
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