Legal Question in Family Law in Maine
I am not married but in a relationship with my 2 year olds father who is a chronic alcoholic and is very verbally abusive and has tried to keep me from leaving to go to my mothers with the baby when he has been threatening and aggressive. If I move out and leave to get out of the situation does he have the right to come to my moms when I am working and try to take the baby where he is her father. Which is a fear because it would be unsafe because he drinks and drives frequently. I do not allow the baby to go anywhere with him in a vehicle when I am around. What is my best course of action.My intent is not to keep her from her father but to keep her safe when he is not unsafe,drunk etc.
1 Answer from Attorneys
You need to file with the court in your area a complaint for parental rights and responsibilities along with a protection from abuse individually and on behalf of your child. The protection from abuse will allow you to receive an immediate temporary order in which you can request temporary sole parental rights and responsibilities. Then, with the filing of the parental rights and responsibilities complaint, you will eventually have a final order that outlines the issues around contact with dad and child support. If you do not have a protection from abuse order that gives you temporary custody, then it is possible that dad could go to your mother's and remove the child. It essentially depends on what your local police department's policy is on getting involved in custody disputes. Most of the time the police will advise the parties to take the matter up with the court. I would advise that you do obtain an attorney to at least help you with the legal paperwork. If money is an issue, you should try to find an attorney that will allow you to hire them on a limited representation agreement where essentially you pay them for limited advice on an as needed basis. At a minimum, you need to consult with an attorney in your area given the fact that it sounds like matters could get very dangerous for you if you take the steps you need to in order to end your relationship.