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If I babysit my friends daughter, do I have to let her dad take her?

What is the law?

My friend and her daughter's father are not together. There is no custody agreement yet. If I am not expecting the dad to pick her up and the mom doesn't want him to have her, do I have to give her to him? He's an alcoholic too. What if he smells like alcohol?

 
Shanna84

Asked by Shanna84 at 11:27 AM on Jun. 6, 2011 in General Parenting

Level 24 (18,695 Credits)
This question is closed.
Answers (10)
  • If his name is on the birth certificate, but she hasn't filed for sole custody, he has the same rights as she does.

    If he did show up, you could call the police and report that you fear he is intoxicated and is demanding to take the child... then call mom to come get her. The police would have to administer a blood alcohol test, it would give you time. KWIM?
    ObbyDobbie

    Answer by ObbyDobbie at 11:35 AM on Jun. 6, 2011

  • If you kept the child, that would be kidnapping. If you think the child is in danger call for a police officer and let him sort it out.
    ochsamom

    Answer by ochsamom at 11:29 AM on Jun. 6, 2011

  • It is really on the mom. Depending on the state, normally the law is that if he is on the birth certificate and theres no restraining order, the father has every right to take the child. You need to tell the mom until the papers are drawn up or started, you will give the child to the father to be on the safe side.
    MommaWoods

    Answer by MommaWoods at 11:30 AM on Jun. 6, 2011

  • I think, technically, if there is no custody agreement in place, then both parents have equal rights to the child, so you would have to hand the child over to whichever parent was there for her.

    If you believe the father to be impaired by alcohol when he shows up, then you should call the police.
    mom2aspclboy

    Answer by mom2aspclboy at 11:33 AM on Jun. 6, 2011

  • since you know the situation, the mother should of let you know whether or not she wants the father of the child to pick her up, that way you can explain that you were told not to give the child to the dad if the police were called and you can't take any blame but if you werent told, then you can't with hold the child from him.

    Also if this is an agreement, make sure she writes you a note saying so and her signature.
    americansugar80

    Answer by americansugar80 at 11:35 AM on Jun. 6, 2011

  • If you a have apiece of paper from the mom saying the names of who you can and can not release the child to then I think you go by that. Custody aside while the child is in your care you have to adhere ti the instructions you were left with. He saying he can not pick the child up is between them, you are only sticking with your policy which is to only release to named persons with an id.
    But_Mommie

    Answer by But_Mommie at 11:50 AM on Jun. 6, 2011

  • if the father shows up, you'll have to calll the mother and have her come to relieve the situation with the childs father.
    if he's obviously been drinking, call the police.
    sorry, but until she gets it in writting with the courts, he has joint custody and unless you fear for the child's safety (like father is drinking and driving) you have no right to deny him... although you can contact the mom and delay him... that's about it.
    xxhazeldovexx

    Answer by xxhazeldovexx at 11:57 AM on Jun. 6, 2011

  • well if he smells like alcohol then definitely not but unless they have a custody agreement he has just as much rights as she does.
    amberpaiz

    Answer by amberpaiz at 11:30 AM on Jun. 6, 2011

  • Since u r only babysitting,call the mom at work and tell her what is going on. Go by what she says.
    dancer

    Answer by dancer at 11:36 AM on Jun. 6, 2011

  • if he shows up you have to hand her over. no custody agreement means equal rights.
    glam.fairy

    Answer by glam.fairy at 11:38 AM on Jun. 6, 2011