Ask Me Help Desk - Can a homeless parent come take his kid from me?

Can a homeless parent come take his kid from me?

my daughter has full custody of her two children. she recently moved to nc. I live in calif. she wants the kids to come stay with me for awhile. if the bio father, whom has no residence or legal custody, and never has paid child support, could he come and just take his kids from me just because he is the father? even if my daughter draws up a contract stating that I have full authority in the decisions made regarding kids? if he was to find out they are here and call cops would I be forced to let give the kids to him?

No. As long as you have a letter from the mother with a copy of the custody order, you can refuse to turn them over to him. If he calls the police, you just show them your documentation.

When you make the statement that she has full custody are you also saying that she has been through the courts and it was signed by a judge? If not and if the father is on the birth certificate then it may be possible that he comes and takes the child/children. Was proper custody granted by a judge?

Quote:

Originally Posted by cdad

When you make the statement that she has full custody are you also saying that she has been through the courts and it was signed by a judge? If not and if the father is on the birth certificate then it may be possible that he comes and takes the child/children. Was proper custody granted by a judge?

Unless there is a custody order, OP's assumption that the mother "has full custody" is probably incorrect. In general, without such a court order, both parents share full custody.

On the other hand, to answer OP's question "would I be forced to let give the kids to him? (sic)", by the police; probably not. The police do not have the power to order OP to do anything unless a crime is being committed. Caring for one's grandchildren with permission from their mother is not a crime. The father would have to get a court order.

Yes they have been through the courts. She even has a lawyer that was hired to do the divorce and I think draw up papers for visitation and rules about children..

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Originally Posted by redswrld2u

Yes they have been through the courts. She even has a lawyer that was hired to do the divorce and I think draw up papers for visitation and rules about children..

I just wanted to make sure that the cops wouldn't make me hand over kids that would devistate me and their mother.. he is known for calling cops about everything. She has a restrainting order and he has went to jail for violating it.. I just don't want the kids to go through anymore drama.

Quote:

Originally Posted by redswrld2u

I just wanted to make sure that the cops wouldn't make me hand over kids that would devistate me and their mother.. he is known for calling cops about everything. She has a restrainting order and he has went to jail for violating it.. I just don't want the kids to go through anymore drama.

I don't see where I responded about the courts saying yes they have been through the courts..

Quote:

Originally Posted by redswrld2u

I don't see where I responded about the courts saying yes they have been through the courts..

hmmm... for some reason these reply's isn't coming together.. I'm kind of new at this

So what are the rules about visitation? And leaving the state? You need to see a copy and read it yourself, for your own peace of mind about getting this right.

Quote:

Originally Posted by AK lawyer

Unless there is a custody order, OP's assumption that the mother "has full custody" is probably incorrect. In general, without such a court order, both parents share full custody.

On the other hand, to answer OP's question "would I be forced to let give the kids to him? (sic)", by the police; probably not. The police do not have the power to order OP to do anything unless a crime is being committed. Caring for one's grandchildren with permission from their mother is not a crime. The father would have to get a court order.

Thank you all you have been very helpful... I will call her and have her draw up a contract with me and send me copies of court orders... thanks again . This is a great site. ;)

Quote:

Originally Posted by ScottGem

No. As long as you have a letter from the mother with a copy of the custody order, you can refuse to turn them over to him. If he calls the police, you just show them your documentation.

Yes I am hoping you are right.. I will get documentation.. thank you so much.

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Originally Posted by joypulv

So what are the rules about visitation? And leaving the state? You need to see a copy and read it yourself, for your own peace of mind about getting this right.

I think that he has 2 days a week to visit... but last time he had them he got drunk, which is in the rules no drinking, and didn't know their mom had come and got them.. he called her 3 hrs later screaming and demanding to know where his kids were.. and this was all from a motel room... unreal =/

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Originally Posted by redswrld2u

I think that he has 2 days a week to visit... but last time he had them he got drunk, which is in the rules no drinking, and didn't know their mom had come and got them.. he called her 3 hrs later screaming and demanding to know where his kids were.. and this was all from a motel room... unreal =/

If he has 2 days per week and she is sending them out of State without telling him then there could be trouble. She can be interfering with his visitation. She has to be careful with this. She needs to notify him of what is going on and what the plans are.

Not sure what problems you were having posting. They all seem to have gone through.

The only problem I see here is if he has some visitation rights and the children are with you when he is scheduled to visit, he could cause problems for the mother about interfering with his visitation rights.

But I do not see him having any rights to take the children from you.

Quote:

Originally Posted by cdad

If he has 2 days per week and she is sending them out of State without telling him then there could be trouble. She can be interfering with his visitation. She has to be careful with this. She needs to notify him of what is going on and what the plans are.

Yeah she contacted her lawyer and told him and she has been letting dad talk to kids on his days.. that is when he calls... I know it's a sticky situation...