I know a person who is leaving a very dangerous domestic violence situation. They are leaving legally, with the help of social services - to be moved out of state to an undisclosed safe place and are not to contact anyone they have known. New identities be givn. The relationship to the abuser is not biological to this person, nor romantic interest. Its a significant relationship to a parent. This person also has a child - toddler.
All are being threatened with death - adults have been physically abused.
My question is - this person has shared custody with the childs father. The father is not a threat - is not involved in the situation. But also hasnt seen the child in months. A parenting plan has been started with court, but not finished. Can this person legally leave with the child?Thank you for your answer Jennifer, that was very helpful! I will be sure to let her know. I spoke with her more about her PP last night, and she has told me that she had filed the proposed parenting plan on the childs father, but he never responded. The court then sent her a notice for default stating she was the childs guardian and he was to live with her. She put in the PPP that she has the child 24/7 for physical - and she makes all legal decisions. Basically she proposed full custody. Does that mean the father no longer has enforceable legal rights? Would that make it so she can legally leave without getting into trouble for it?
Sign up to receive a 5-part series of useful information and advice about child custody law.