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 Alex J. Esq. Your Own Question
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16498
Experience:  Licensed experienced Attorney
26296561
Type Your Family Law Question Here...
Alex J. Esq. is online now
A new question is answered every 9 seconds

My daughter and her boyfriend have a 5 month old baby. They

Customer Question

My daughter and her boyfriend have a 5 month old baby. They do not live together. They share time with the baby. The father wants to establish a parenting plan just to have it documented in court incase they don't stay together as a couple. The father talked to an attorney to start the process. The attorney instructed him not to allow the baby to stay at our house until the paperwork is final. If she wants to see the baby she has to go to his house. Is this legal???
JA: Since laws vary from place to place, what state is this in?
Customer: West Virginia
JA: Have you talked to a lawyer yet?
Customer: I called one 2 days ago but can't afford
JA: Anything else you think the lawyer should know?
Customer: The Mother and Father get along well. There's no domestic violence
Submitted: 7 months ago.
Category: Family Law
Expert:  Alex J. Esq. replied 7 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

Dis the attorney instruct the boyfriend to have the child stay at b/f house?

Does your daughter and her b/d reside in separate residence?

Please clarify.

Customer: replied 7 months ago.
They reside in seperate homes.The attorney told the father that the baby should only stay with him incase "things got heated". They have never been in violent argument
Expert:  Alex J. Esq. replied 7 months ago.

Thank you for your follow up.

Is father listed on the birth certificate?

Did you daughter hire an experienced local child custody attorney to represent her in her pending child custody proceedings?

Customer: replied 7 months ago.
Both families get along great. I feel this is extremely wrong to keep the baby away from the mother.
Customer: replied 7 months ago.
The father is list on the birth certificate
Customer: replied 7 months ago.
We can't afford an attorney
Customer: replied 7 months ago.
The father decided to establish a parenting plan in the event that their relationship would end. I agree this should be done. But what right does the father have to keep the baby away from the mother?
Expert:  Alex J. Esq. replied 7 months ago.

Thank you for your follow up.

Generally, both parents have equal child custody rights, unless otherwise is established / ordered by the court, so either parent can keep the child in his/her house and if that happens, the only way to address such issue would be for the aggrieved parent to file a petition with the local family court to establish child custody / visitation and also to ask the court to award physical residential custody of the minor child.

So, it is extremely important for the mother in such situation to consult and hire a local child custody law attorney to represent her in the child custody establishment / parenting plan process, since the father has an attorney representing him, and show should the mother, so mother's custodial and legal interest are properly protected.

You can find an experienced and skilled local child custody law attorney by using this established and reputable attorney information / referral websites:

www.lexmundi.com
www.martindale.com
www.lawyers.com
www.legalmatch.com
When, choosing a local attorney to represent you, it would be a good idea to choose someone who has a practice exclusively dedicated to child custody law, has at least 10 years of experience and handled similar matters and also regularly practices before the court located in the jurisdiction where your matter might be heard.
I wish you the best of luck!

Customer: replied 7 months ago.
Until we are able to get an attorney, can he still keep the baby away from her?
Expert:  Alex J. Esq. replied 7 months ago.

Thank you for your follow up.

I cannot comment on your specific case, but either parent can legally keep the child away from the other parent, until and unless ordered otherwise by the local family court.

I wish you the best of luck!

Expert:  Alex J. Esq. replied 7 months ago.
Expert:  Alex J. Esq. replied 6 months ago.