Can the non custodial parent deny the custodial parent from picking up the child, if the child's in danger with custodial parent? 9 Answers as of December 18, 2013

Father is the non custodial since Sept 18th, 2013. Mother is custodial since Sept 18th, 2013. If the child is in danger, couch surfing, being neglected, not cared for, around druggies, abandoned, or even pawned off to the mother's friends, is the father allowed to deny the mother from picking the child up? If it's to keep the child out of danger? Or does that fall under Parental Interference?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Attorney at Law
Attorney at Law | Frances An
How old are the children? How can you prove your allegations? You could go to CPS for help. It does not fall under parental interference to take care of your children! But you will have to prove what you say.
Answer Applies to: California
Replied: 12/18/2013
J. Barbour Rixey, P.C.
J. Barbour Rixey, P.C. | J. Barbour Rixey
It sounds to me like you need to get back into Court to fix this problem particularly if mother has only had the child since September. If she is the custodial parent you really can't deny her the right to get her child.
Answer Applies to: Virginia
Replied: 12/18/2013
The Bryan Law Firm, L.L.C.
The Bryan Law Firm, L.L.C. | Douglas L. Bryan
In Louisiana parent would be able to defy a judgment of custody if the child was truly in danger of death or injury otherwise. For example, if the mother came to pick up the child and reeked of alcohol and was slurring speech, then it would be appropriate to not allow the child to go with her. Speculation is not enough, there has to be an imminent threat of harm; otherwise the judge may find that it's contempt.
Answer Applies to: Louisiana
Replied: 12/18/2013
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Time to return to court to structure new orders that will address this situation.
Answer Applies to: California
Replied: 12/18/2013
Law Offices of Lauren H. Kane | Lauren H. Kane
You wold be in contempt. You need to file a Petition To Modify Custody.
Answer Applies to: Pennsylvania
Replied: 12/18/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Not without running the risk of being held in contempt. You should immediately file a motion to change custody. Of course, you will have to prove your allegations. Any affidavits from third parties that support your statements should be included with the motion.
    Answer Applies to: Idaho
    Replied: 12/18/2013
    ROSENAK LAW FIRM, LLC | Alan W. Rosenak
    What you described is dangerous to the children. Who has actual court ordered residential custody? If you do, that can be enforced by a Motion and hearings with the Court. If you do not have residential custody, the same requests can be made to protect the children.
    Answer Applies to: Kansas
    Replied: 12/18/2013
    The Law Offices of Tres A. Porter | Tres A. Porter
    You need to consult with a family law attorney as soon as possible. You can refuse visitation if the child is in danger, but the scenarios you described are poor parenting, not immediate threat of harm, for the most part. If you refused to exchange the child because the child goes to mom's friends while with mom, or sits on the couch, you likely will make your situation worse and be found to be in contempt of a court order and possibly even charged with abduction. You should discuss with an experienced family law attorney the filing of a request for emergency temporary orders.
    Answer Applies to: California
    Replied: 12/18/2013
    John Russo | John Russo
    If you have all of this alleged evidence regarding his conduct when the child is in his care, then why not just file an emergency motion seeking to suspend visitation, or are these just allegations with no supporting evidence.
    Answer Applies to: Rhode Island
    Replied: 12/18/2013
Click to View More Answers: