Q: Can I get in trouble if I allow visitation with the NCP knowing they have outstanding warrants?
They are not warrants related to children, and they are not warrants that would suggest our child is in immediate danger in their care. I was told by a family lawyer that if I send our child to visit with his father knowing he has warrants, and if he gets arrested, it could come back on me and could be seen as 'neglect' or 'failure to protect.' Is this true? Should I not send him until the warrants are cleared or do I still need to send him? They are felony warrants, but again, not child related or suggestive that he would harm our child. Also, he is refusing to pick our son up himself (he has left the state to avoid arrest) and will not cross state lines for fear of getting arrested, and instead expects me to send our son on a plane with somebody I don't know just so he doesn't have to come himself. Our current court order says he gets every other weekend visitation, and has not YET been modified since he's left the state.
Yes, there's a chance that could be considered neglect.
If I were you, I'd be filing to modify the orders and doing so on an expedited basis. The current orders are unworkable given his situation, and you shouldn't be put in a position where you are choosing between obeying a court order or releasing your son to a stranger to go live with someone hiding from the law.
Mike Branum agrees with this answer
A: Mr. Vincent is SO spot on. You need to modify your agreement to reflect that he has left the state. I would suggest that your request for temporary orders limit him to supervised visitation at your residence to avoid the possibility that he could be arrested while your children are in his custody. He needs to resolve his criminal issues. If his intent is to remain out of state after he is no longer burdened with warrants, then your custody agreement should reflect that new reality.
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