If I give my chidren’s father permission to see the kids, can he go behind my back and get an emergancy custody order without notifying me?

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If I give my chidren’s father permission to see the kids, can he go behind my back and get an emergancy custody order without notifying me?

Is this even possible? He told me that this is what his current girlfriend’s ex did to her with her child. I’m just getting nervous because we don’t have any contact except through our daughter. He and I were never married. He has not been a consistent father; he dosen’t visit with them much and hasn’t paid child suport. I recently took him to court to get an order for child support and he got very angry with me. He has cut all contact with me since I have been receiving child support through his payroll. He contacted my daughter and wants to see her this weekend.

Asked on October 11, 2012 under Family Law, Massachusetts

Answers:

David Axinn / David M Axinn

Answered 8 years ago | Contributor

Procedures for obtaining emergency custody orders vary from county to county. Although it is possible to do what he describes, that would be limited to situations involving extreme emergencies, and should be followed by an immediate court hearing with notice to you.

Rather than worry about whether he will do something, I would suggest that you obtain a custody order. This could be done by agreement, if you and he can work out a schedule.


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