What to do if my husband to be and I were recently told that he does not have the right to see his child without the supervision of a social worker?

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What to do if my husband to be and I were recently told that he does not have the right to see his child without the supervision of a social worker?

This is however after the child was up to visit us for 2 weeks this summer. The court date for child support was around thanksgiving last year. The father was unable to attend the court date in person because it was in another state. Unfortunately, he was not able to be on the phone either. A month after the child was home, the mother called and asked if we could take the child for a month or so while she looked for a new job and babysitter. Can we get into trouble for violating custody if we didn’t know we were?

Asked on November 29, 2012 under Family Law, Montana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Absent a court order stating that your husband "to be" cannot see his child without the supervision of a social worker he has the legal right to see the child per any existing court order of visitation or child custody as well as any agreement with the child's mother that he may have.

From what you have written, I do not see how you or your husband "to be" could get in trouble with the court unless there is a court order precluding him contact with the minor absent a social worker being present.


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