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RobertJDFL
RobertJDFL, Lawyer
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Does a mother have the legal right to know her childs whereabouts

Customer Question

Does a mother have the legal right to know her child's whereabouts at all times?
Submitted: 3 years ago.
Category: Family Law
Expert:  RobertJDFL replied 3 years ago.

Thank you for your question. After reading my answer, please do not hesitate to reply if you have additional questions or need more information.

 

No. A custodial parent has the right to know the address and phone number of the non-custodial parent, and if they are going out of town on vacation, for example, should be given a way to contact the child, but it is presumed that when the child is with the other parent, they will be safe and well cared for --there's no right that the non-custodial parent has to tell the other where or whom the child is with at all times.

 

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DISCLAIMER: This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.

Customer: replied 3 years ago.
So you're saying that his parents can legally conceal my child's whereabouts from me?
Expert:  RobertJDFL replied 3 years ago.

No, I'm not saying that. I simply answered what you originally asked, that a parent doesn't have a legal right to know where there child is 24/7 when in the care and custody of the non-custodial parent. I don't have enough facts to know whether he was concealing the child from you or not.

 

Did he fail to return the child to you after visitation? That would not be permitted, obviously, and would be a violation of the court order. Or does your custody order state that he cannot take the child to visit the grandparents? If so, and he did that anyway, that too would be a violation of the order.

 

But if he had visitation with the child and decided to drop the child off with the grandparents for whatever reason, that would be fine, as long as he returned the child to you as provided for in your custody order.

Customer: replied 3 years ago.
I apologize but as a concerned and very upset mother,I'm having trouble understanding how what happened tonight was not against some kind of law. I understand that he can drop her off to whom ever he wishes during his timesharing but when she is not in his care and the people who's care he left her in hide her in a room and refuse to tell me if she's there or not, is that not against any law?
Customer: replied 3 years ago.
I apologize but as a concerned and very upset mother,I'm having trouble understanding how what happened tonight was not against some kind of law. I understand that he can drop her off to whom ever he wishes during his timesharing but when she is not in his care and the people who's care he left her in hide her in a room and refuse to tell me if she's there or not, is that not against any law?
Customer: replied 3 years ago.
I apologize but as a concerned and very upset mother,I'm having trouble understanding how what happened tonight was not against some kind of law. I understand that he can drop her off to whom ever he wishes during his timesharing but when she is not in his care and the people who's care he left her in hide her in a room and refuse to tell me if she's there or not, is that not against any law?
Customer: replied 3 years ago.
I apologize but as a concerned and very upset mother,I'm having trouble understanding how what happened tonight was not against some kind of law. I understand that he can drop her off to whom ever he wishes during his timesharing but when she is not in his care and the people who's care he left her in hide her in a room and refuse to tell me if she's there or not, is that not against any law?
Expert:  RobertJDFL replied 3 years ago.

If they were holding the child against her will in the room it may be considered false imprisonment. Additionally, if she was held against her will without parental consent, it could be considered kidnapping.

 

Why exactly did the grandparents refuse to tell you the child was there? Presumably, the child was returned safely to you. Did you call the authorities and report the matter?

Customer: replied 3 years ago.
Last night when my ex husband didn't return my calls to say goodnight to my daughter (his weekend) I attempted to locate her by calling his parents and a family friend whom I was aware were with my daughter earlier in the day. The family friend tried to help me reach my ex and his parents without luck so I decided to drive to my ex's parents house. When I arrived I could see that their bedroom light was on and there was movment inside the room, however when I knocked on the front door, they would not answer. All other lights in the home where off and their bedroom door was close to the rest of the house (I could see it from the front door). I continued to knock and ring the door bell for 1/2 an hr and call as well and they wouldn't answer to let me know my daughter was in their care. In our divorce agreement its stated that he is not supposed to leave her in another's care for more than 4 hrs unless he has given me the first right to refuse caring for her myself. I assume they didn't want me to know he was not complying with that agreement... they wanted me to think she was with him. I was not trying to remove her from their care, I only wanted to know if my child was in a safe place and neither him nor his parents would divuldge that information. I called the police and they came out but said that it was a civil matter & I would have to take him to court. They allowed her to stay there. My issue is with what his parents did, not with my ex husband not abiding by the visitation guidlines so I'm confused as to how taking my ex to court will keep his parents from concealing my daughters whereabouts from me again. I feel like I should have a right as a mother and one that is protected by law. Do I have no legal right to know where my daughter is sleeping on nights she is supposed to be with her father?
Customer: replied 3 years ago.
In our divorce agreement its stated that he is not supposed to leave her in another's care for more than 4 hrs unless he has given me the first right to refuse caring for her myself. I assume they didn't want me to know he was not complying with that agreement... they wanted me to think she was with him. I was not trying to remove her from their care, I only wanted to know if my child was in a safe place and neither him nor his parents would divuldge that information. I called the police and they came out but said that it was a civil matter & I would have to take him to court. They allowed her to stay there. My issue is with what his parents did, not with my ex husband not abiding by the visitation guidlines so I'm confused as to how taking my ex to court will keep his parents from concealing my daughters whereabouts from me again. I feel like I should have a right as a mother and one that is protected by law. Am I out of luck?
Customer: replied 3 years ago.
Is anyone going to answer me?
Customer: replied 3 years ago.
Relist: Other.
didnt answer

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RobertJDFL
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Experienced in multiple areas of the law.