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addicted2u143 · Aug 18, 2010, 02:38 PM

My husband currently has 50% visitation time. My stepsons mother has sole legal custody. For over the last month and a half my husband has not been able to get a hold of her or see her at all. He has made many attempts by calling her, texting her, certified mail, and asking her mother to have her call. Her mother or father is always the one to pick up or drop off my stepson. They tell him that his mom sleeps at work. He tells us that he has not seen or heard from her since July 5th and it is now August 18. The judge has ordered that the grandparents be able to help with transportation if the parent is working or in school. I am wondering what action we can take. We feel that if she is not around we should be caring for logan and let the grandparents have some visiation. They lie that she is home when she has not been there in almost 2 months. Is there anything we can file with a judge? I would like to know at what point would it be considered child abandonment and how can we prove this if the mother is lying?

addicted2u143 · Aug 18, 2010, 02:44 PM

What rights does a non custodial parent have if the custodial parent has been out of the child's life and is unreachable for the past 2 months? Is there any legal action that can be taken? The mother of the parent who is unreachable lways lies stating that the other parent is always at work. The child states that he has not seen or spoken to his mother since July 5th. The last time the non custodial parent has spoken to her was July 8th. They lie through their teeth and we need to prove that she is not there... Help!

cdad · Aug 18, 2010, 02:47 PM

Is the noncustodial parent a bio parent? Has it been proven in court? What does the court order say about visitation? How long has it been since the last custody hearing? Where are the child support payments going?

addicted2u143 · Aug 18, 2010, 02:57 PM

My husband is the bio father and non custodial parent. He does make child support payments weekly out of each paycheck to the clearing house. Paternity has been established and we recently got done with court last April. The mother was incarcerated for 3 months just prior to that and my husband was the primary care giver. The judge would not even give joint custody. The problem right now is that the order states that the grandparents can help with transportation while the parent is working and her mother always lies and says she is working. I can even see her mother telling her she needs to come home and see her son on her Facebook page. Of course I printed this out. I have a month and a half worth of phone records with our attempts and 2 certified letters that have not been picked up after leaving notices.

addicted2u143 · Aug 18, 2010, 03:07 PM

Sorry I just realized I posted almost the same question here... Im desperate for help and advice. :confused:

cdad · Aug 18, 2010, 03:22 PM

Originally Posted by addicted2u143

Sorry I just realized I posted almost the same question here....Im desperate for help and advice. :confused:

I moved the question so it was together with the other one. (merged)

As for an answer. Your husband needs to file in court again for custody. He needs to state the reasoning behind it and all the solid evidence he can bring. He might even want to hire a detective to have her home staked out and have her followed for a short period to prove she isn't with the children. Also he can either request a GAL (gaurdian ad lietem - for the children) or request a parental evaluation. To get to the bottom of things. Her not being there is a substantial change and is enough to move forward in the courts with a pleading for relief and custody change.