[SarahOrtiz]

My friend has a 2 year old child. She is legally married to him but they are separated the baby was with her but the dad took the baby from her. She took this matter to the police and they told her that there is nothing she can do as they are still married so they each have the same right. The father of the child doesn't treat the baby right but they have no proof. The police dropped the case and said social services will take over. I want to know if there is anything she can do to get her daughter back? Can you please help us as this is a very difficult situation for the mother and social services will decide who the child stays with on Thursday is there anything she can do or say to help her?

[ScottGem]

When she split, she should have filed for custody. Now she has to go to court to get primary physical custody.

Is the father not permitting visits? If he prevents her from seeing the child, it will not go well for him in court. If Social Services is investigating they should be doing a home visit and investigation. There is probably little she can say that won't be covered by the investigation. Unless she has documented evidence they don't present.

[SarahOrtiz]

He is allowing her to visit but only when he feels like it. He isn't even looking after the little girl he leaves at is dad's house as he works all day long. Thanks a lot hopefully this will be of help for the mother.

[Fr_Chuck]

People do work and fathers who work can and do sometimes get primary custody,

At this point she should have course file for formal separation or divorce and file for custody of the child, Only the court can rule on this.