How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask FamilyAnswer Your Own Question
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23978
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
9540344
Type Your Family Law Question Here...
FamilyAnswer is online now
A new question is answered every 9 seconds

Can the parent with only weekend rights take the child away

Customer Question

Can the parent with only weekend rights take the child away if there I a domestic dispute with the majority custodian and her spouse?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.
Good afternoon. How do they know there was a dispute? Where was the child when this happened? Was there any violence?
Customer: replied 1 year ago.
There was small violence I spun her around and she fell over a toy and then hit me in the arm and the child was in bed but came out after he heard the incident
Expert:  FamilyAnswer replied 1 year ago.
And how did the parent who just has the weekend hear about this? Were the police called?
Customer: replied 1 year ago.
Her ex is saying he's gonna talk to a states attorney and he heard from one of her so called friends then called her and she told him too
Customer: replied 1 year ago.
Police have been called not by either of us though
Customer: replied 1 year ago.
Dcfs called her and she told them too we don't know what we can do
Expert:  FamilyAnswer replied 1 year ago.
Thank you. The parent can not simply reply on what a friend of a friend told someone and take the child away. If they have concern, they can 1) call the police 2) call the State and have them perform a wellness check on the child or 3) file a motion with the court to modify custody. A parent does need to act in the best interest of the child and if there was DV in front of the child, there could be a basis to remove them. However, without anyone being present or knowing what happened, the parent can not just rely on what a friend told them and go get the child.
Customer: replied 1 year ago.
She told him too and what about with dcfs
Expert:  FamilyAnswer replied 1 year ago.
So DCFS contacted the parent who was the victim and told them that the other parent who just have limited visitation on the weekends can take the child?
Customer: replied 1 year ago.
The mom was lil upset about happen and she told dcfs what happen. She didn't go to the cops to file any report. Now, the father is saying that he is going to state attorney to take the kid away from her. Is it possible?
Expert:  FamilyAnswer replied 1 year ago.
The State Attorney files criminal charges. It would be at their discretion to charge the man and then they will speak with DCFS and determine if the child is at risk. Unless the victim/wife cooperates and speaks with the State and DCFS, admitting to this then there would not be any evidence for them to proceed.
Customer: replied 1 year ago.
She did admit it to the state and dcfs
Expert:  FamilyAnswer replied 1 year ago.
Then it will be at their discretion to file criminal charges against the husband and DCFS will decide if the child should be removed. There is no way to say 100% yes or no and it depends on the facts. If the mother was the victim, if anything, the male would need to vacate the home and she could remain with the child. She would not be punished and lose her child simply because of being a victim.
Customer: replied 1 year ago.
What if they chose to stay together
Customer: replied 1 year ago.
But she isn't the one that called them
Expert:  FamilyAnswer replied 1 year ago.
Why did she admit to this and speak with them if she did not call them?
Customer: replied 1 year ago.
She was scared her ex called the police because he wants to get revenge on me for being with her
Customer: replied 1 year ago.
And her back
Expert:  FamilyAnswer replied 1 year ago.
Is does not matter that she did not call and report this. She was contacted and she spoke with them, so they will use that information to proceed and charge him if they want. Then, it will be her cooperation at trial, that could lead to a conviction at trial. Moreover, she gave a statement to DCFS, so they will investigate as well.
Customer: replied 1 year ago.
She had a restraining order on her ex and he threatened to kill her does that hold any power with the child
Expert:  FamilyAnswer replied 1 year ago.
Yes, it is, since the court may not want to place a child with a person who has threatened to kill the mother. As I shared, the mother should not lose the child as a result of being the victim of DV.
Customer: replied 1 year ago.
Me and the mother want to stay together how will that affect things
Expert:  FamilyAnswer replied 1 year ago.
It depends on if you are charged and there is a temporary no contact order put in place by the court
Expert:  FamilyAnswer replied 1 year ago.
Is there anything else I can answer or clarify?

Related Family Law Questions