Mother is a fugitive

[father_of_2]

What is the name of your state (only U.S. law)? GA

Currently the mother of my son is a fugitive. Several days ago she was involved in some type of altercation within a public school that her first son attends and subsequently the police were called by the school staff. She fled the scene and the county has now issued a warrant for her arrest.

My question is should I allow my son to go with her during her scheduled visitation time while she is wanted. She currently lives in the county where she is wanted and the police have already search her address but she of course was not there. My main concern is that the police will return and arrest her while our son is in her care.

I realize this is not a clear and present danger to our son but I'm not sure what happens to the child when their parent is arrested.

 

[CSO286]

What is the name of your state (only U.S. law)? GA

Currently the mother of my son is a fugitive. Several days ago she was involved in some type of altercation within a public school that her first son attends and subsequently the police were called by the school staff. She fled the scene and the county has now issued a warrant for her arrest.

My question is should I allow my son to go with her during her scheduled visitation time while she is wanted. She currently lives in the county where she is wanted and the police have already search her address but she of course was not there. My main concern is that the police will return and arrest her while our son is in her care.

I realize this is not a clear and present danger to our son but I'm not sure what happens to the child when their parent is arrested.

The cops will call you to come and get Junior. Or they will ask Mom whom to call to come get Junior.
Sometimes the cops are even nice enough not to cuff mom in front of Junior (of course, that dpends on Mom;s behavior.)

If either of those options fail--they can't reach whomever--they will call Social Services to come and get the child.

I really don't know if you can withhold the visit from mom until she gets this legal matter cleared up....Wait for a couple of Seniors to weigh in about the possiblity of an exparte action (would this be considered an emergency) to require that Mom have dealt with her legal issues in order to exercise her parenting time....


Personally--I would consider it that important. I just am not sure on how the court might view it....

 

[mistoffolees]

The cops will call you to come and get Junior. Or they will ask Mom whom to call to come get Junior.
Sometimes the cops are even nice enough not to cuff mom in front of Junior (of course, that dpends on Mom;s behavior.)

If either of those options fail--they can't reach whomever--they will call Social Services to come and get the child.

I really don't know if you can withhold the visit from mom until she gets this legal matter cleared up....Wait for a couple of Seniors to weigh in about the possiblity of an exparte action (would this be considered an emergency) to require that Mom have dealt with her legal issues in order to exercise her parenting time....


Personally--I would consider it that important. I just am not sure on how the court might view it....

Since OP specifically states that he doesn't consider it a clear and present danger to the child, I think he would be in trouble for withholding visitation.

Rather, I would notify the police and CPS of my address and how to contact me in case Mom does get picked up. I'm not sure that their record-keeping is sufficient for that to ensure that you get called, but it can't hurt.

The other option (depending on the child's age) is to give the child a pre-paid phone with your number programmed and tell him to call if he needs you.

 

[not2cleverRed]

Not knowing how active the particular police department is about pursuing those with warrants for arrest makes it difficult to offer advice.

(For example, I'm in a town where apparently they're not that assertive, but just this week have decided to change policy and have one or two officers reassigned sometime in the future specifically to track down those with warrants.)

It could be that after the initial effort they won't pursue it any further unless it shows up on a future encounter - such as being pulled over for a traffic infraction, or in the event of a car accident.

Follow mistoffolees's advice and contact the relevant police department(s), etc. with your info.

 

[justalayman]

what is "some type of altercation"?

 

[neopandora]

What is the name of your state (only U.S. law)? GA

Currently the mother of my son is a fugitive. Several days ago she was involved in some type of altercation within a public school that her first son attends and subsequently the police were called by the school staff. She fled the scene and the county has now issued a warrant for her arrest.

My question is should I allow my son to go with her during her scheduled visitation time while she is wanted. She currently lives in the county where she is wanted and the police have already search her address but she of course was not there. My main concern is that the police will return and arrest her while our son is in her care.

I realize this is not a clear and present danger to our son but I'm not sure what happens to the child when their parent is arrested.

Are you certain that Mom still has an outstanding warrant? Is it possible that while not home when they came to serve her, that she arranged bail and turned herself in afterwards. While not common, it's not entirely unusual to happen in that fashion.

As someone has already suggested, I would contact the arresting agency and advise that you have custody in case she is arrested the child can be returned to you. Law enforcement officers are generally sensitive to children being present, but, if they don't know the custody arrangements, your child could be left with whomever Mom designates (or DCS).