Family Law Questions? Ask a Family Lawyer Online.
Good evening. I certainly understand the situation and your concern. At this time, you have just as much right to custody as your wife. Ideally, if you are separated, you would be able to come to an agreement regarding custody or visitation. If not, then you want to proceed through the court and have it temporarily ordered. Now, the major issue is that you allege that the child is being abused. If you have evidence of this, you always want to act in the best interest of the child and remove them from the situation. If there are signs and evidence, you can always contact the police and report it or if you are certain, try and peacefully retrieve the child. Of course, if you get her from the baby sitter, the police are likely to be called by the mother, so be prepared to explain the situation and the reasons for your actions.
No, it will not, if you have a good faith basis to believe that the abuse is present. After all, that is why you want to take the child, so if you can support that, if needed, then it will not look bad and would help your case if there are signs of abuse. The mother can be criminally charged and lose visitation and custody of the child.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!