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Daniel Solutions
Daniel Solutions, Lawyer (JD)
Category: Legal
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Experience:  Practing General Attorney,
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My friend left his 5 yr. old son home alone for about a hour

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My friend left his 5 yr. old son home alone for about a hour and the cops were called out. He didn't get arrested, but said it'll go to the d.a. or something and they'll decide if he'll go to jail and where the kid will go. May happen or may not he said. He has full custody of his son, but his mom does see him every once in awhile, but she is not a good mom so he doesn't want her to get custody or even her parents to try and get custody if they were to find out. He's very scared they will show up to his work or just call or something. he knows it's going on his record which he's fine, but he doesn't want to lose his kid to anyone and go to jail. Please help and let me know what he can do. Thanks.
When this happens the police complete an incident report and submit it to the DA for review. Your friend may receive notice to appear in court to be formally arraigned (charged) for leaving the children alone. If this happens the children may be removed and the biological mother would be contacted and give the first right to take the children over other family members. If this does happen it's on a temporary basis so he would have an opportunity to get the children back if he follows all the recommendations that child services as well as the court directs. He should retain an attorney if he is charged because he doesn't want to make any mistakes that could lead to him losing the children to the mother or her family.
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Customer: replied 7 years ago.
So he'll have to appear in court for sure is what your trying to say or they may just send him a letter? if he does go to court will they for sure take the kid away from him or maybe give him a warning on this manner. Plus will he also go to jail?
No one can predict what will happen but most likely he will have to appear in court to answer what happened. They may not take the children but rather commence an investigation to see if this was isolated or if there is neglect or abuse occuring, this decision is completely discretionary. He may not go to jail since the children were not harmed and usually if a person is going to jail for something like this, the police would have arrested him on the spot.
Customer: replied 7 years ago.
he left his house for about a hr to help an old friend change a tire and came back. the house was locked up, but like i said wasn't arrested so what do you consider that? What do you think is the worst case senario and what's the best case senario?
I don't understand your additional question. Please reread my prior answers and if they don't answer the first part of this last question then rephrase.
As far the second part of your last question, I generally don't like to state what is worst case because that usually does not occur. However since you asked here is the worst case. He would be arrest upon an arrest warrent instead of receiving notice to appear in court, children services who come with the police at time of arrest to remove the children and the court would award custody to the mother pending a final court order. The court would after parenting courses provide supervised visitation to your friend and after time change the supervised visitation to unsupervised but the mother would keep sole custody of the children. However, keep in mind I only provided this information because you asked what is the worst possible outcome. In my prior answers I gave you the most common result.

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