My grand-daughter, and her son's father had a temporary parenting plan which expired the end of April. They were to do a permanent one at that time, but did not. He is mentally abusive to her, makes threats, and uses their son to get to her, to have his way. Sense there isn't a parenting plan in place, are there any legal issues if she doesn't let him see their son? She is uncomfortable, because he threatens to not give her son back. Her son does not have his last name, nor is he listed on the birth certificate. I wait to here, and thank you for your time.
It is unusual to have an "expiration date" on a parenting plan so I am unclear as to the facts. A temporary parenting plan stays in effect until a final plan is entered. A final parenting plan stays in effect until subsequently modified. So, again, I am unclear as to what is going on. In light of the issues of abuse that you raise, I encourage your granddaughter to retain a family law attorney to help her, particularly because of the history of abuse. Her discomfort is understandable, but in order to protect her son from the possibility of the abuse going also to the son...best to retain counsel. Truthfully, there are times when a party really must have representation--this is one of those times.
If by "Her son does not have his last name, nor is he listed on the birth certificate" you want to say that the father has not been determined by any court to be the child's legal father, the father has no legal right to the child until he is determined to be the child's legal father.
He would be presumed to be the child's legal father if he (and the mother) signed an affidavit of parentage before a notary public and file it with the state. Alternatively, he would be the presumed father if he and the mother were married with each other when the child was born.
It would be very unusual for a judge to sign any parenting plan if the father has not been determined to be the child's legal father.
It would also be unusual for a parenting plan to actually have a written expiration date in it. Usually, a parenting plan expires because there is a new parenting plan entered by the court or the child turns 18.
Your granddaughter should review the specific facts with her attorney to find out her legal options.
This sounds as if there was a lawsuit filed but no actual conclusion of the lawsuit. You do not mention it anywhere but has he ever been officially determined to be the father? Is there a court order saying he is the father? Has he been ordered to pay child support? Does your daughter have a lawyer and if not, why not?
Temporary orders do not expire unless the case is over by either dismissal or final determination. In your scenario it appears that something was started but not completed. I am confused as to why, without a prior determination of paternity, there would be a temporary parenting plan issued by the court since no father has been determined.
You should encourage your daughter to hire a decent lawyer to help her with this. The lawyer will know what to do and it will save her and the child a lot of heart ache and grief.
