When Can You Get a Police Wellness Check on Your Child in the Other Parent's Home

[roncue5]

My question involves a child custody case from the State of: Illinois. My son mothers was very physical abusive and I decided to leave after the police became involved. When I left, my son mother refused to let me talk to my son, and even see my son for 7 months. For 7 months I don't know anything about my son. I have been sending volunteer, non court ordered child support payments. As the father who has been with my son since birth and signed the birth certificate have the right to call the police to do a wellness check on my son?

[llworking]

My question involves a child custody case from the State of: Illinois. My son mothers was very physical abusive and I decided to leave after the police became involved. When I left, my son mother refused to let me talk to my son, and even see my son for 7 months. For 7 months I don't know anything about my son. I have been sending volunteer, non court ordered child support payments. As the father who has been with my son since birth and signed the birth certificate have the right to call the police to do a wellness check on my son?

Not without a valid reason to do so...and mom not allowing you to see the child and you not taking the legal steps to establish visitation and partial custody is not a valid reason for a wellness check.

You need to be proactive and file to establish visitation/partial custody.

[Dogmatique]

Not without a valid reason to do so...and mom not allowing you to see the child and you not taking the legal steps to establish visitation and partial custody is not a valid reason for a wellness check.

You need to be proactive and file to establish visitation/partial custody.

Dad has EVERY right to request a welfare check on the child his ex is hiding away. He absolutely DOES NOT need to have a court order in hand to do so.

[llworking]

Dad has EVERY right to request a welfare check on the child his ex is hiding away. He absolutely DOES NOT need to have a court order in hand to do so.

See, I do not think that its right to waste the time of the police. Dad has had 7 months to get this in court to establish his rights. Once his rights are established he should not need the police and if he does, it will go much more against mom then.

[Mr. Knowitall]

Dad has EVERY right to request a welfare check on the child his ex is hiding away. He absolutely DOES NOT need to have a court order in hand to do so.

That is true, but the police can also ask "What evidence do you have of a problem", and "I haven't seen my child for seven months and haven't gotten around to trying to get a court order for visitation" is not a compelling answer. Even without an actual report of possible abuse or neglect they could go to mom's home and knock on the door to see if she's home, but if she doesn't answer or tells them to go away that is about it -- that's not an efficient use of police time.

Dad can file for visitation and seek temporary custody. He will then have access to the child. If before doing so (and without any actual knowledge of a problem) he has the police go to mom's home and they find nothing wrong, that's not an action that is going to help him in court -- and it could hurt him.

[PMMH]

A parent can absolutely ask for a wellness check at any time. My ex husband sent them to my house at 11 pm one night and we all had to get out of bed and tell the police that they were fine and nobody was hurt or being abused. I asked the police how many times this would need to happen before they would stop coming and they said never. They will show up when asked, regardless of how many times or what time it is. They did say, however, that if a parent is doing this repeatedly with no reason or in a way that seems to be abusing the system, they will speak to the parent about whether or not their request is reasonable or being done to inconvenience, embarass, or harass the other parent in some way.

[Mr. Knowitall]

A parent can absolutely ask for a wellness check at any time.

And children can ask for ice cream at any time. That doesn't mean that it's appropriate.

[cdwjava]

Dad has EVERY right to request a welfare check on the child his ex is hiding away. He absolutely DOES NOT need to have a court order in hand to do so.

Local policy may dictate that this is NOT the case. In contested and bitter custody cases - particularly those involving disputes over money - you can pretty much predict two things: The sun will rise in the morning, and one or both parties will accuse the other of physical or sexual abuse of the children. I have worked shifts where we KNEW that at sometime in the middle of the night, one parent would ask for a welfare check on their children just because of what they alleged MIGHT have once happened in the past. Really, it was a way to harass the parent with visitation or custody and build up "proof" against them in court by alleging that the police had to respond a dozen times to check on the children. In my agency, we asked that the reporting party allege what they believed had happened before we would just respond out because we had so many of these calls.

Having the police do a welfare check without any cause is a good way to also be on the receiving end of a criminal charge including stalking, harassment, or others (depending on the specific state in question). While it is generally true that no reason MUST be given to conduct a welfare check, many jurisdictions will not do so without some sort of reason. The police really do not want to be the agent of harassment.