My husband has a six year old from a previouse marriage. They have joint custody but is supposed to live with his mom full time but he lives with her mom. They all live in the state of florida and she just moved away to georgia with her new husband and two kids and left my husbands son with her mom in florida. Is he legally allowed to go pick him up and take him, and then go to court to fight for custody? Is what she did considered abandonment? They claim they kept him there to finish school, but he has lived with his grandmother since they separated when he was two and she lived ten minutes away. If anyone could let us know it would be greatly appreciated. If there is anything else you need to know to better answer my question please let me know. God Bless!:confused::confused:

First YOU have no rights. You are not a party to this at all.

Second, this is not abandonment. Abandonment is leaving a child totally unsupervised.

However, if your husband can prove that his child is not living with the custodial parent, then he stands a good chance of having the custody agreement modified. I would suggest he hire an attorney and petition to the court for a change of custody.

He can not just go and "take" the child, if they will give him the child,

But he needs to file in court for custody and then fight it out, proving that the child is living in his state, she is not there and go from that point