What qualifies as emergency custody?
A child may be taken into emergency custody because the youngster is in immediate danger and needs protection. The child may also be removed from the home because current living arrangements pose an immediate danger to the child’s safety and welfare.
What happens if there is no custody agreement?
If you cannot reach an agreement then you can apply to the Court for a Recovery Order and at the same time you should apply for Parenting Orders. Parenting Orders can be made by a Judge, Federal Circuit Court or Local Court Magistrate.
Can one parent take a child out of the state without permission?
If there is some type of court action involving the children (divorce, custody, visitation, child support, etc.) that is in process, then it may be illegal for you to take the children out of state, even temporarily, without permission from the judge and/or consent of the other parent.
Can the mother of my child keep him away from me?
The answer is usually no, a parent cannot stop a child from seeing the other parent unless a court order states otherwise. This question often comes up in the following situations. The parents have an existing court order, and a parent is violating the court order by interfering with the other parent’s parenting time.
What do you do if your mom won’t let the father see your child?
If you don’t have a court order and you are not being allowed to visit your child, you will have to ask the court to enter a visitation order. You can do this through the divorce court (if you are divorced from the child’s other parent) or the paternity court (if you were never married to the child’s other parent).