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Custody
Children and the Law
Child Support

Can one parent of the two sharing custody of a minor child legally keep the child from the other parent pending a DSS claim?


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2015-07-15 18:42:17
2015-07-15 18:42:17

That would depend on why social services is investigating. If it is neglect, abuse or something of that nature suspected on the part of the other parent. Then you probably could justify not allowing that parent their visitation, or supervise it. However, the custody agreement is binding unless a petition to modify is made, and approved by the court. I would think if the child were in any way endangered or? DSS would already have taken action to prevent the parent from having unsupervised visits.

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Yes, however the other parent has up to six months to file an injunction to order the return of the child to the jurisdiction of the court pending a custody and access rights decision.

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Yes, if that parent has sole legal custody of the child. Yes, if the parents are unmarried and the other parent (father) hasn't established his paternity legally. Yes, if that parent has sole legal custody of the child. Yes, if the parents are unmarried and the other parent (father) hasn't established his paternity legally. Yes, if that parent has sole legal custody of the child. Yes, if the parents are unmarried and the other parent (father) hasn't established his paternity legally. Yes, if that parent has sole legal custody of the child. Yes, if the parents are unmarried and the other parent (father) hasn't established his paternity legally.

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Yes but they can't "legally"keep the parent from seeing the child.There is no custody arrangement so it wouldn't really matter!

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I'm assuming you mean the other parent is in jail? You also do not say if this is simply an arrest pending charges, or a post conviction? You file an Emergency Child in Need of Care Motion requesting temporary custody pending a full hearing on the matter. see link


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