How can Dad protect his child?

[1239]

What is the name of your state (only U.S. law)? Dad is in Ohio/Mom is in Michigan. Court order is in Ohio.

I am the step-mother and trying to find out if there is anything my husband can do to protect his daughter.

Mom was granted permission to move an hour away. She moved Dec. 18th. Last Sunday there was a domestic violence incident that occurred in her home. Her boyfriend was arrested. My husband's daughter was not only there, but she also witnessed and stepped in to stop the boyfriend from choking her mother. Mom came back and stayed with her parents in our city. The child missed a week of school.

My husband has been following the letter of the law. He went to speak with his lawyer today and is going to attempt, yet again, to get custody. However, when he picked up his daughter tonight he learned from her grandmother that mom found an apartment in the city an hour away. She has no furnishings, no beds, because she sold everything when she moved in with her boyfriend. There is no family there; the only friends she had there were her boyfriend's friends. Mom works usually three nights a week. My husband asked his daughter (who is 12) who will be staying with them when her mom works and she said nobody. It is not safe to leave a 12 year old and a 5 year old alone for 12 hour stretches in the middle of the night, particularly when she has a boyfriend in that city that is ticked that he now has to go to court over this.

Is there anything my husband can do to protect her? Mom will be here Sunday to pick her up and, he assumes, to take her to the new apartment. Mom has not given my husband an address and refuses to communicate with him. I appreciate anything you can suggest to help him.

 

[Proserpina]

It would be handy if he registered here and asked his questions himself.

 

[CJane]

Did Dad fight the relocation in court?

The reason I ask is that if he did, and it was found to be in the child's best interests to relocate with Mom rather than Dad becoming primary parent, it's unlikely that will change any time soon.

Also, MOM was not charged with child endangerment for this domestic disturbance, so the police/prosecutor obviously (to the courts) did not feel that the child was in any danger.

Dad has no grounds for an emergency custody petition.

While not ideal, a 12 year old home alone in an apartment (with nearby neighbors) and an emergency plan is not against the law.

 

[1239]

Yes, Dad did fight the relocation, but he was advised by his attorney and the GAL that because his daughter had voiced that she wanted to stay with mom that the magistrate would likely allow the move. The visitation remained the same (Tues, Thurs and every other weekend). We have evidence (yes, actual evidence) that there was violence between mom and the boyfriend before the move took place. Mom knowingly put the children in this situation. Nobody thought to tell Dad about it until now when the children were literally put in the middle.

Mom currently has a PPO on her because her boyfriend is claiming self-defense.

While it may not be against the law to leave the children at home for 12 hours by themselves in the middle of the night, it certainly isn't desirable, particularly when there is another home they can stay in.