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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111603
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My daughter has a son with a man she is not married too. They

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My daughter has a son with a man she is not married too. They relationship is over because he is a verbal abuser and get drunk and high every night. They do not have any kind of custody agreement. She has been letting him she there son when he asks to but she recently started dating someone else and he started threaten her. I told her to go to legal aide on Monday to start the paperwork for custody. My question is can she refuse to let him take him until they go to court with out it hurting her case? She has text messages and video tape about how he treats her and there son. She is worried that he my do something to the baby either by accident (while drunk or high) or out of anger because he doesn't control her anymore.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You are a very wise person in recognizing she needs a court custody order. Without a court custody order, if he has the child in his possession, he can refuse to return the child to her and there is nothing she could do other than go to court, because both parents have equal rights to their child without a court custody order to the contrary.
You are also correct in that she should not allow him to have the child until she files the petition for custody and gets at least a temporary custody order and visitation order in place.
Furthermore, his drug use and alcohol abuse can be a legitimate safety reason for her not allowing him to have the child together with his abusive behavior.
So yes, she needs to file this as soon as possible and she needs to not allow him to have the child this weekend and should likely make up some excuse to avoid angering him if possible.