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Who has physical or primary custody at present time?
That's no problem......this format isn't based on much formality, so no offense taken, Corey!
The fact that the child got out of the house and went into the yard hardly seems like an issue of child endangerment. If the child was found in the street, down the street several blocks, outside freezing or dehydrated, etc., that would be another story. But, if the child was only outside a few minutes, that likely isn't enough to warrant a significant change in circumstances that would warrant him the ability to seek a modification.
The more likely basis to seek a modification would be for the move from one state to another.........however, that isn't guaranteed to help him because the court is inclined to do whatever is in the best interest of the child, and if that is to move with the primary custodial mother to another state for better work, etc., it will be hard for him to over come that.
If child protective services was called and it determined that your sister was neglecting the child, etc., you'd be dealing with a different issue. But, if he says that his basis to seek a change in custody is simply because the child got out of the house for a brief period, he's probably not in a good legal position.
CPS could help your sister IF their recommendation is that the child remain with her.....and that the father has been nowhere to be seen during their periodic visits.
Much would depend on what the officer says --- if he says that he came to the door, knocked, etc. and no one came to the door after waiting several minutes, that may not help her. But, if he drove up, picked up the child and didn't go to the door and knock, etc., then it could be that you have an over-reactive cop.
No problem and thanks for the question.
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