Q: I need to know if my daughters father can take her without my permission? She is only three.
We were not married but he is on the birth certificate. She has lived with me and I have taken care of her since she was born. He moved out of my place when our daughter was one year old. He has done so many things that make me so scared and stressed out with him having her alone. I do not know his address and he won’t tell me when he’s bringing her back to me. If he is supposed to bring her home at 9pm he will show up at 3am and was drunk! He is so unhealthy to be around my children and I need to know if he is legally allowed to come up and take me daughter out of my arms and leave with her without my permission? There is no legal custody agreement but she has lived with me her whole life...just that he is on the birth certificate. He also moved here from Mexico when he was 7. So he currently has to citizenship for the us. I hate to bring that up but I am so nervous of him showing up and trying to take her and me not knowing if or when they will be back is so scary! Please help!
A: If there is no custody order in place then there is nothing to enforce and he could take her. I would suggest filing for custody immediately alone with a temporary order of restraint (status quo) in order to have a signed parenting time plan. Also, if he is driving drunk with her, there may be a reason to file for immediate danger if this is a common event.
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