QUESTION

Can a baby’s father take him away from the mother if she has a bench warrant?

Asked on Aug 29th, 2020 on Child Custody - Tennessee
More details to this question:
my sister is in an extrememly abusive relationship & has been for the past 5 years or so. he’s mentally and physically abusive, which was documented once at the hospital when he bruised her ribs and face. they recently had a baby & he’s 9 months now. they have both been living with the me & my parents since february. the father does virtually nothing to care for the baby. he’s a severe alcoholic. he works one or two days out of the week but has to travel out of state for it. he is now threatening to take the baby away from my sister. they aren’t married, which is good, but my sister has a bench warrant because she failed to show up for probation on a misdemeanor marijuana charge. he keeps threatening to have her arrested and take the baby so she can never see him again. she wants so badly to escape him, but he says he will kill her and my family if she takes the baby. he had a child like 8 years ago with another girl, and she took him & moved away bc of his abuse. what can we do?
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1 ANSWER

Family Law Attorney serving Nashville, TN at WalshLaw
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Firstly sister needs to surrender on the warrant and get it dealt with. At the same time she needs to gather proof of these threats, whether recording or texts. She needs to take that proof and get an Order if Protection. It may also be that a family member will have to file for custody. Lots of legal issues. Your sister may have a rough patch of taking responsibility but then she can rebuild, safely.
Answered on Aug 31st, 2020 at 5:58 PM

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