Help. I have 2 questions regarding my best friends custody of her child.?
This was a normal, uncontested divorce.1 child. Visitation set up at divorce.However,after 5 years of the same visitation there is something new and we are at a loss to help this child stay safe.Her dad changed jobs & now drives a semi.He takes her on long truck runs w/ him, making her go days w/ no shower & making her go in truck stop bathrooms alone.Is this right?She's scared all the time & does not want to go.He is an intimidating person,she's shy/quiet & will not tell him how she feels.Then last week,while on a truck run w/ her,he had chest pains,broke out in a sweat, & passed out & didn't know where he was when he awoke.She was terrified.He then proceeded to drive back home w/ her. Does my friend have rights to make him prove he is physically safe to have her in the truck w/ him while he's on runs?Can she keep her from going on these truck runs w/ him?also, is he required to have a specific insurance when she's w/ him in that truck? (he owns it)
she was supposed to go with him tnite and her mom and her said "NO! not until you get proof you can take her with you in your truck and you're ok health-wise to travel with her."
- dogloverLv 51 decade agoFavorite Answer
The main issue here is that the dad is actually taking the child to work with him and that could be mom's defense in filing a modification for visitation. It's not safe or actual visitation just because she's sitting in the cab of a truck with him. He needs to wait until he's actually off work to see the child and I'm sure mom would work with him on that, if he really wants normal visitation. You don't take a child to work and that's basically what he's doing. Mom needs to immediately file a Motion to Modify the Dissolution and have the visitation and temporary custody amended to reflect that he only have the child when he is not working.Source(s): Worked in law and family law for a long, long time.
- Janet TLv 51 decade ago
Tell your friend to go see her lawyer. I would think that any family court would see the dangers in his new job. Does he drive out of state? If he does that I think he is required to have her permission to take their child with him. She should be able to have a say in all this.
- 1 decade ago
the courts would prove that kind of surrounding to be unsafe for a child. they will set it up for her/him to have visitation when he is in town and no more road trips. there are too many abductions at truck stops! this needs to be brought up asap!
- 1 decade ago
Ask him not to take her on the road. If he refuses, take him back to court.
The judge will make the right decision.
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- 1 decade ago
go to the judge and she can get the child after a hearing if he is found unfit to dcare for her