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Ask Joseph Leon Your Own Question

Joseph Leon
Joseph Leon, Family Law Attorney
Category: Family Law
Satisfied Customers: 438
Experience:  General practitioner, often including family law; practiced 15 years; licensed in 4 states.
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Parenting Plan

Customer Question

Creating a parenting plan for a 15 month old.

Who has never been away from her mum for longer than an hour & is still breastfeeding
Who has limited contact with her father or the father's family & therefore has no relationship with them (their choice until now)
The father (and other members of his family) are known drug user
The family has a dog that bites in the house
The family has dangerous (illegal) weapons in the house
The father is unstable & verbally violent, using threats etc. His sister told us he was suicidal.

What options do we have with a parenting plan? Can my daughter insist that she stays with her daughter until her daughter builds a healthy relationship with them and the environment is safe? Is there any guidelines for this type of situation? My dghtr is worried that if she leaves her that they legally could refuse to give her back. My dghtr needs some advice for creating a parenting plan that takes into account her daughter's emotional wellbeing & safety
Submitted: 6 years ago.
Category: Family Law
Expert:  Joseph Leon replied 6 years ago.
You are looking for a comprehensive approach, so I am going to refer you to an excellent self-help book on building parenting plans. "Building a Parenting Agreement That Works"

Please note that I have a copy of this book, and if you accept my answer, I will be available to for reasonable follow up questions that you have while reading the book.
Customer: replied 6 years ago.

Hello there

Thanks for the book recommendation - we have read lots of websites about how to create a parenting plan but it is something more specific we are wanting, about the specific situation my daughter is in. Most of the information about creating parenting plans is assuming that the father and mother lived together and the father had contact with the children and it's about creating parenting plans when a split or divorce takes place.

We are wanting to know if it is reasonable and acceptable for my daughter to stay with her daughter due to the circumstances I have previously mentioned? If the father didn't agree with this as a parenting plan, what happens then? If it ends up in court, does the court take individual circumstances into consideration or just turn around and say 50/50 and not look into the relationship that the child has with the father or the situation he lives in? My daughter is really worried that they are going to be able to take her daughter when the child will in effect be with strangers.


Expert:  Joseph Leon replied 6 years ago.
Okay, sorry for the false start.

First thing, I noticed that you used the word mum in the question. Is this a UK question?

Second thing, if not a UK question, what state are you in?
Customer: replied 6 years ago.

Hi there

No we are in South australia.


Expert:  Joseph Leon replied 6 years ago.
You should repost your question under Australia Law category. Good luck.
Customer: replied 4 years ago.
This is still showing as an open question but it is very old. I am going to attempt to close it by pressing reply and hope it doesn't show as an open question after that. cheers and thanks.

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