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Mom and Dad have disagreement. . .

hypothetical situation: Mom and Dad have a baby. 8 mo. later Mom and Dad split on mutual terms. Now things are getting ugly between parents. No custody arrangements are set, just agreement between the two. Dad just about Hates Mom now, for what ever reason, as she has just tried to keep the peace for baby's sake. Now Dad comes for visit and takes baby with him. Says will be home by a certain time. What happens if Dad does not bring the baby back? If the police were to be called. . . what would they do? Again this is Indiana.


Asked by Anonymous at 6:00 PM on May. 3, 2011 in General Parenting

This question is closed.
Answers (9)
  • You can't do anything without a legal agreement. Get a parenting plan ASAP. The police can enforce an existing court order. Without a court order, there is nothing to enforce.

    Answer by other_mother at 6:27 PM on May. 3, 2011

  • without a legal agreement, he may or may not be put in jail. just depends on the laws there.

    Answer by febmom007 at 6:02 PM on May. 3, 2011

  • Nothing. Been there done that. Mom has to go to court and get an emergency order for custody based on him not returning the child. Then having a missing persons on the child done, and hopefully get the child returned. Without a court order both parents have equal rights to the child. That is why you ALWAYS need either some form of written agreement with the courts or a court order./

    Answer by gemgem at 6:06 PM on May. 3, 2011

  • without an agreement the police may or may not do anything. I would get that info in writing ASAP!

    Answer by MommyYeoman at 6:06 PM on May. 3, 2011

  • Was this document signed by a judge and filed with the court? If not, then it may not be enforcable. It doesn't matter how amicable a break-up is, it is always best to get a parenting plan in place that is signed by the judge and filed with the courts.

    Answer by other_mother at 6:44 PM on May. 3, 2011

  • update: apparently a legal document was signed at date of birth of child stating joint custody with mom having primary.

    Comment by Anonymous (original poster) at 6:07 PM on May. 3, 2011

  • Then if he takes off with the child she calls the police, gets a missing persons on the child, calls missing and exploited child, finds them, and pressed charges for custodial interference.

    Answer by gemgem at 6:17 PM on May. 3, 2011

  • Call the police and ask. Then contact an attorney and get custody

    Answer by admckenzie at 6:20 PM on May. 3, 2011

  • If he is on the BC and there is no legal agreement nothing can be done. Mom would have to go to court to get the child back and as far as the court is concerned, he has done nothing wrong. This is why I never let my ex take my DD anywhere until we have a custody agreement

    Answer by JLS2388 at 6:34 PM on May. 3, 2011