My best friend has joint custody with her child's father, who was granted visitation during two weekdays. My best friend has allowed her child's father to have overnight parenting time with the child every other weekend because the father later stated weekdays would not work for him. Recently, my best friend found out her child's father was dropping the child off with family members and, during one weekend, had the child sleep on his girlfriend's floor while he slept in the bed with his girlfriend. I did a little research and found out the girlfriend, who the father has never mentioned ( and my best friend has never met ) has a criminal record - larceny and risk of injury to child. Now, my best friend does not allow her child's father the verbally agreed upon overnight parenting time every other weekend, but the child's father still shows up and calls the police.
Legally, as a friend, you can't do anything but talk with your friend and let her know that what the Father is doing is not right. Your friend needs to contact a family law attorney and possibly file a modification with the court to protect her child.
This answer is for informational purposes only. It does not establish an attorney client relationship.
I am not a fan of answering question posed by friends. Friends may have never set foot into one of our courts and may have a rose-colored view of courts in today's America. Your friend should be posing these questions.
In general terms, courts will take less time sorting through facts and more time punishing parents for failing to obey orders. The father is granted parenting time away from the mother and because of an allegation of impropriety, the mother is violating dad's order of visitation by withholding the kid. The mother faces a custodial flip if she keeps this up.
Do not let this go on. Get her to a lawyer fast. She needs some serious guidance.
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If I follow the allegations here, there is a concern that child's father who seems to have been allowed two weekday visits in a court order (perhaps overnights during the week? Unclear from the narrative) is now using his time on alternate weekends and may be involved with a girlfriend with a prior criminal record and possibly allowed the child slept on the floor.
These are not necessarily facts that result in a change of a custody order or parenting time. Are people precluded from having significant others if they had a criminal record at one time in their lives? If the girlfriend is acting out in such a way that is dangerous to the child, then absolutely something has to be done.
Further, the child's father might have felt like he needed to call the police because the mother confused him by altering the visitation schedule before reverting back to the original court order.
The best course of action would be for the mother or the father to consult an attorney to discuss whether a modification would make sense. Perhaps the two of them could go to mediation instead of going through court.
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