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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116723
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My daughter is going out of town tomorrow. She will be going

Customer Question

My daughter is going out of town tomorrow. She will be going to Florida for 4 days. She has a 2 year old son. The boy's father wants to keep the baby while she is out of town. His visitation does not begin until Saturday at 9 a.m. . My daughter refuses to let him have his son. He more recently lost his driver's license due to unpaid parking tickets, I called my daughter & told her that we will be driving him everywhere, since she went to the Court house & had the visitation order amended to state that he cannot come get the baby without his driver's license, my husband & I ( the maternal grandparents) have assured my daughter that any transporting that needs to be done, will be done by us. My daughter is angry that we are helping him, and has refused to let us come get the baby with him. She is leaving tomorrow at 5 a.m. to visit her father in Florida. She is 21, & is leaving the baby with strangers. We begged her to please leave him here, her ex has been staying with us here, & on the weekends that he has him, he brings him here. My daughter lived with us prior to her moving out in September due to us, trying to correct her methods of disciplining the baby. He is 2 & she would sit on his legs when trying to change his diaper, to hold him still, she would spank him , and smack him hand until it was bright red . We told her that if she ever did this again that we would call Social Services so she moved out, & has not let us see him since. We are all worried as to where the baby will be. Her stepmother in Florida told us that she plans to leave him with my half brother & his girlfriend. We don't have contact with them. Does the baby's father have the right to keep Wilson, my grandson , while she is out of town. Can we call law enforcement & retrieve the child when she is gone? Will the police back us? Like I stated prior, his dad's visitation starts on Saturday.
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.
Actually, the father would have to file an emergency ex parte order today to get the child. The courts expect parents to be reasonable in these parenting plans. If you are offering to drive and his time is Saturday, the court is not going to see her as being reasonable and they could end up punishing her.
The father has rights to the child on Saturday at the very least, the problem is that the police generally will not get involved without a court order, so he would have to get to court today or tomorrow to file an ex parte motion (emergency) to ask the court to order her to allow him to have the child Friday and to allow you to drive him and the child as needed. However, if she leaves the child with people who have no legal rights to the child and you show the court order to the police, most times they will order the party without legal rights to turn over the child to the party who does have legal rights, but it is discretionary to the law enforcement who shows up as to whether or not to get involved in this type of domestic matter without a current court order.
That is why I suggest going to get an emergency order against your daughter today or tomorrow to force the child to be left with the father.
Customer: replied 1 year ago.
Thank You for your help. Unfortunately , when the father of the child went to the courthouse to file the motion, they told him that he could not. It is her day to be with the child, and wherever she leaves him , even when going out of town is considered part of "childcare".Thank You
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
He has a right to file a motion to seek right of first refusal, motion to modify custody/visitation and they should not have refused to allow him to file that. Clerks of court are not supposed to refuse any valid motion and if they are you need to have him speak to the clerk supervisor or go directly to the judge. He is entitled to at the very least file a motion to modify custody/visitation and ask the court to add in a right of first refusal for care of the child into the order which will prevent this in the future.

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