Q: Can mom come & remove our daughter from my home since I have filed for legal custody and court mediation is in 14 days?
I have one yr old, (mom/I never married) & she has lived in my home since she was born, mom left in Sept 2019 & she left our daughter with me. Three Face-to-face visits happened once a month as when mom requested them through another party from Late Oct-Dec, with only other contact by mail in that time, then one this month she requested on her own at my home. Issue I am having now is mom can't keep Facebook messenger chats between us to about just our daughter. As chats are getting out of hand & I am being belittled .etc was wondering can I limit video chats between them to 2 days a week & respond by messenger only 2 days a week & just ignore her otherwise, without the danger, of her using deputies to come & remove her from my home since I have filed for custody & we court ordered Mediation in just 14 days? Currently I get Facebook messages many, many times a day 7 days a week her & video chats between her our daughter happen only when she requests which have been 2 the whole 4 mont
A:
As the unwed mother of the child, she is the only person legally entitled to the child. The police will usually not do change in custody but you never know. Therefore, until you go to court to be declared her "legal" father and not just the biological father, I would try to get along. It might be a good idea to get yourself into court sooner rather than later to have that legal paternity determination done which puts you on equal footing as mom.
Good luck,
Vanessa Vasquez de Lara, Esq.
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