No. If the parent is a fugitive then the child is in danger. If the situation is brought to the attention of the court that has jurisdiction the court can issue an order that terminates that parent's legal custody. If the authorities can catch up with the child they can take physical custody away from the fugitive and kidnapping will be added to the charges.
In the state of Louisiana, it is possible for a parent, withut a lawyer, to file a motion for temporary custody while the other parent is in possession of the child and refusing visitation.
Be the first to file for custody while in possession of the child.
The jurisdiction which learned he was a wanted fugitive and arrested him will have him in their custody until such time as the extradition order (Governor's Warrant) is delivered by the jurisdiction which wants him. The extraditing state may send a team of agents/officers to take custody of him and transport them back - OR - the 'wanting' state may use the services of a private company to do the actual transportation. When the arrestee arrives back in the 'wanting' state it is likely that, in addition to whatever they were wanted for in the first place, the charge of being a 'Fugitive from Justice' will likely be added to it.
If there is no court order and the parents are married, then both parents share custody 50/50. They should come up with a parenting plan while legal custody is being determined. If one parent feels they should have custody for whatever reason, then go to the courthouse and file for temporary custody. The parent who does this is most likely to keep the kids in the settlement. Losing the kids temporarily doesn't look good and it is an uphill battle to get them back.
Your kids and your lawyer need to have a little chat about that. NOW. The kids can feel guilty for being snitches.... better that than dead.
You would need to look at the part of your custody paperwork that pertains to legal custody. Full legal custody to one parent means that they are solely responsible for legal decisions such as medical care, while joint legal custody means that either parent can make those decisions while the child is in their care. In a joint legal custody both parents have equal say and any differences of opinion may need to be settled by the court.
You would need to petition the court in the county of jurisdiction (where the child legally resides) for a custody order. Once one is established, the parents would have to fight it out in court for any modifications including removing custody of the parent who currently has physical and presumed (thus legal) custody. The judge will ultimately rule what he or she feels is in the best interests of the child and that may include leaving the current custody intact while outlining visitation/support obligations for the non-custodial parent, rule for joint custody, or transfer custody to the other parent.
You will get temporary custody only until your spouse contests it in court. I am assuming that the child currently lives with you.
Either parent can file for temporary custody, while in possession of the child. Challenging this claim will require a full hearing. Living circumstance is not always a consideration in the initial filing.see link
It's dependent on the custody order, but it's not appropriate for either parent to have a live in.
In some cases, such as in the health department, individuals with diseases such as TB are confined to their homes with the use of electronic monitoring equipment. In cases in family court where, for example, one parent claims that the other is drinking while having custody of the kids, a parent can be tested for the consumption of alcohol. This is particularly useful in custody cases.
A paternal grandmother with permanent custody of her grandchild is considered a family member rather than a parent. While she may have assumed the role of a parent by providing care and custody, her legal status is that of a grandparent.