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If I have placement and my boyfriend has 50/50 custody with me, can I legaly keep him from seeing his daughter?

My granddaughter is 2years old. I had complete custody for most of the two years. Two months ago my daughters boyfriend talked her into signing papers to give him 50% custody. He pays no child support and the baby has always lived with my daughter(mom). Now he wants to have his daughter 50% of the time. How much legal rights does he have? Also, he has no job and has recently committed himself to the hospital for having suicidal thoughts. My daughter(mom) filed papers to fight the 50/50 custody , based on his recent behaviour. She is so scared that he will be able to come take his daughter away. Can he call the police to help him take her?

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Asked by hotheadz at 6:42 PM on Feb. 17, 2009 in Toddlers (1-2)

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Answers (4)
  • If he has 50/50 then theres nothing she can do to keep the baby from him without being in contempt of court which puts her at risk for losing residential custody. Since he was in the hosp what she needs to do is file an emergency motion for custody with the judge to immediately change the situation pending a new hearing. Its costly but the only way you can fix this. Your only other recourse is trying to call social services but they are a nightmare to deal with and dont always go your way and all he has to say is your dd wants tokeep the baby from him and theyll close the case siting its a custody dispute.

    Answer by gemgem at 6:47 PM on Feb. 17, 2009

  • Just because he doesn't pay child support does not mean that you can stop visitation. Child support and visitation do not go hand in hand. It sounds like if you had custody and not your daughter that both the father and motehr have some issues. You cannot legally stop visitation if you have a signed order. if you do, not only are you risking your granddaughter's emotional well-being, but you are risking sanctions. The right thing is to go to court.

    Answer by Anonymous at 6:59 PM on Feb. 17, 2009

  • Ask the attorney. Most will do a free consultaion if you haven't already.

    Answer by KARRIEMARIE at 7:08 PM on Feb. 17, 2009

  • My sisters boyfriend had a simular situation.. the cops told my sisters b/f legally he had 50% custody not full custody. So legally the daughters mom could do whatever she wanted... if she can have her try and get papers proving he admited himself in for suicidal thoughts. Becuz the judge will see that as a possible bad harmful situation for you child to be in... if will at the very least have to have supervised visits

    Answer by hstib_19 at 7:53 PM on Feb. 17, 2009

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