CJane
Senior Member
What is the name of your state? MO
A friend of mine was told by the people at CSE that it's a 'common fallacy' to think that the mother in an unmarried situation has primary custody. They informed her that 'not many people know this' but if the father of the child showed up for non-court ordered visitation with the police in tow and she couldn't produce a document DENYING him visits, then they'd arrest her for domestic disturbance and make her let him take the child.
Now, this woman has NO desire whatsoever to deny dad visits, so I'm not sure where the conversation even came from, but it has her really freaked out right now because if that were true, he could show up any ol time and take the kid.
There is no court order for custody/visitation. He's legally the father. They're awaiting a support order. They've verbally agreed to him having their daughter on Wednesday nights and every other weekend because that's the same schedule she has w/her other child.
So, what's the story? I told her that the mother is presumed to have custody in the absence of a court order stating otherwise. I also told her that IF he got the cops to involve themselves, which isn't likely, they can't enforce the absence of a court order.
The person from CSE was incorrect, yes? If so, is there any sort of complaint process that anyone knows of so perhaps this person could be prevented from handing this sort of erroneous information out to people?
A friend of mine was told by the people at CSE that it's a 'common fallacy' to think that the mother in an unmarried situation has primary custody. They informed her that 'not many people know this' but if the father of the child showed up for non-court ordered visitation with the police in tow and she couldn't produce a document DENYING him visits, then they'd arrest her for domestic disturbance and make her let him take the child.
Now, this woman has NO desire whatsoever to deny dad visits, so I'm not sure where the conversation even came from, but it has her really freaked out right now because if that were true, he could show up any ol time and take the kid.
There is no court order for custody/visitation. He's legally the father. They're awaiting a support order. They've verbally agreed to him having their daughter on Wednesday nights and every other weekend because that's the same schedule she has w/her other child.
So, what's the story? I told her that the mother is presumed to have custody in the absence of a court order stating otherwise. I also told her that IF he got the cops to involve themselves, which isn't likely, they can't enforce the absence of a court order.
The person from CSE was incorrect, yes? If so, is there any sort of complaint process that anyone knows of so perhaps this person could be prevented from handing this sort of erroneous information out to people?
I mean, "very few people" know about that law where a CP can get the same sanctions for denying visitation that a NCP gets for failing to pay child support. The thing is, "I" can show you the statute for it. Ask your friend to ask the CSE rep to show her that statute.