HomeChild CareCan my babysitter be forced to give my child to her father while I’m not home?
Posted in Child Care on 17th May 2014

Can my babysitter be forced to give my child to her father while I’m not home?
My husband and I are separated and there is no custody order (I’ve only begun the whole process). If he showed up at my house while I’m at work, and the police were called, could my sitter be forced to let him take her?

My husband is an alcoholic and a drug addict and I don’t trust him with my child. I know he has rights but I don’t wasn’t him driving her in a vehicle if he is drunk or high. Thank you.

Best answer(s):

Answer by Melanie
I think he has the right. It might vary depending on where you live. It might be best to get a restraining order against him if you believe that he could harm or put your children in danger. You would have to go talk to your local authorities for more information and to see what your options are

Answer by say hello to my little friend
I don’t know but unless he gots the physical proof on hand hre can’t do nothing so I say you make a letter stating your name and the kids names that you leave your kid in the care of the babysitter(her name ) while at work in your home and that legal proceedings are in order but that you the childs legal guardian do not give the sitter permission to release child to anyone and put your work number and cell number. And demand to be called if such things happen. The cops are the law yes but they cannot get into a civil matter like this especially if it could endanger the child

Answer by Peter
Hi there,

I have sympathy to your situation. A nanny or babysitter is hired to provide care for your child and to think you go to work in fear that your ex may “Rock Up” and try to take the child with him is a worry. It is obviously more so of a worry because you said he is likely to be intoxicated or even on drugs.

The laws are different for various countries and states, but l would imagine in most states the police would still be forced to show a reasonable level of care or officially “Duty Of Care” if your ex was to call police or your babysitter was to call police l very much doubt the police would allow a child to be taken from the home to go with an intoxicated or drug affected parent.

Your babysitter is hired by you to provide the care, by extension you are handing the responsibility to your babysitter to provide adequate care of your child while you are at work and that would suggest to me your babysitter is the one in control at that point in time and not the ex.

I would prepare a letter/note and sign it so if this situation does ever occur, your babysitter can provide the letter to police to advise them that you authorise your babysitter to provide the care while you are at work or busy with other commitments… That way the police can see that you have prepared a response for this potential event and lets just hope the police follow your requests and keep the safety of your child as number one priority (which l am sure they will)

Good luck with it all

Answer by Ruth C
she probably can be forced to give the child over if the police are called, But I don’t think he’ll be calling the police if he’s drunk or high. Even if he did, it’s more likely the police will take him in for being under the influence in public.

Answer by Allanas
Your babysitter is your employee. If you tell him/her not to release the child to the father – legally, he/she can refuse.

BUT – if he shows up with a cop, there could be complications. Technically, the cop won’t grab the baby and leave, but the father could say that HE has custody and the sitter is a kidnapper. Or you kidnapped the baby, or it’s his house and the sitter is on drugs and delusional…

A lot of scenarios could play out.

Tell the sitter to call the police if the father shows up. No conversation, no finding out what he wants – just call the cops on sight. Then she’s to call YOU. Immediately. You have to set it up with your boss that you might need to leave at a moment’s notice.

Good luck!

Answer by harwarda
Have you changed the locks on the house? She should never open the door to him to begin with. You really need to check on your state laws. I would start by calling the police department and discussing with them what they would or would not do in this scenario.

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