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Asked 8/15/2011

No custody order has been in place, still married but separated for 6 years, I have physical custody of my daughter but can the mother come snatch my daughter if I am not home but my girlfriend is?

ORS has established that whoever has physical custody of my child pays child support. I have had my daughter for over a year now, her mother handed her over after her mother had blackened my daughters eye april of 2010. The mother showed up at my house with the police stating that she has full custody of our daughter and was trying to take her. The police didn't do anything because I had the paperwork from ORS about the physical custody. What I want to know is if I leave the house for work and leave my daughter with my girlfriend, can my ex come by my house and take her since I am not here?

 
 
 
 
 
Answers

Answer 1/2 - Submitted 8/15/2011

Wihout a custody order in place the mother could attemp to take your daughter if she can produce paperwork, such as a birth certificate, verifying that she is the mother. In the event that the mother does show up wanting the child in your absence your girlfriend can attempt to involve law inforcement and provide them the same ORS papers stating custody however I wouldn't count on it.

Law enforcement such as police and and sheriff departments are increasingly hesitant to get involved because of the fact that it is a civil issue not a criminal issue. Your paperwork from ORS isn't proof of custody since it's not backed by a court custody order. If your daughter was out in public with your girlfriend and the mother came to take the daughter she very well could walk away with her. Even worse is that if you offer visitation of your daughter to her mother, the mother would not have to return your daughter as there is no court order to go by. Essentially, the mother could keep your daughter from you until you have a legal custody order.

Your best bet is to get custody of your daughter asap. Even though you are not divorced you can attain custody based on your separation. And your chances of gaining custody based on the arragement history is favorable.

I'd highly recommend that you begin a log of documentation that outlines the circumstances, dates, times etc. of the situation, how you came to have your daughter in your physical custody and when. Also, any proof would be ideal. You can present this documentation when you flie for custody which could be quite helpful.

It's great when two parents can agree upon custody and not have the interference of a court, however, things always have the opportunity to turn bad and if you are having anxiety about the arrangement then follow your insticts. Get the custody order as soon as you can to protect your daughter from what it sounds like an abusive mother.

Best of luck to you!

 
 

Answer 2/2 - Submitted 2/22/2012

This is a little tricky. With no custody order in place, neither parent is really able to overrule the other, although it sounds like you have some sort of paperwork regarding custody.

In my opinion, your best bet is to get an emergency temporary restraining order (TRO), which will maintain the status quo. In other words, everything stays the way it is (i.e., your daughter stays with you) until the court sorts the matter out. In conjunction with the TRO, I would also sue for full custody. Needless to say, you will require the services of a competent family lawyer, because this isn't something you want to try to tackle onyour own. Good luck!

 
 
 
 
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