View Full Version : Child custody. Abandonment
mscrosse
Jan 22, 2009, 07:32 PM
I have a 2 year old son, I broke up with his mom about 6 months ago. Since then it has been a nightmare to be able to see him. We set up times for me to pick him up and she doesn't show, doesn't answer.. nearly every-time. She took off out of state for a week and didn't tell me and I wasn't able to contact her. The other day I was finally able to pick him up after work and I always drop him off in the morning before work because she is home days and works nights as a stripper... but now she has shut her phone off and I am unable to go to work because I do not have anyone to watch him. What can I do here? Since she has sole custody due to the fact we are not married and have not been to court... I heard after 48 hours it could be considered abandonment? Do I file a police report.. child services.. just call a lawyer? Im a wonderful father and I don't think she deserves kids.. its ironic how the good fathers are always the ones that get the run of bad luck...
Thank you for any help you can provide!
George_1950
Jan 22, 2009, 11:22 PM
Welcome to AMHD; it's about time you made some luck for yourself. Get a lawyer who is sympathetic with your case. Ask friends and family for a referral; take your time and explain your situation fully, and assess how well the attorney relates to your situation. Check this: Fathers' Rights (http://fatherhood.about.com/od/fathersright1/Father_s_Rights.htm)
stevetcg
Jan 23, 2009, 06:37 AM
The first thing I would do it go to court. If you cannot afford a lawyer, it's OK. Many cases such as these are done without them
You need to establishparernity and get on a set schedule. She shouldn't be jerking you around and frankly, its not good for the kid.
Since she left the child with you, presumably the father, it will not be abandonment... just bad parenting. You wouldn't be the first father to permanently gain full custody because the mother was more concerned with her own life than her child's. The police will likely tell you the same thing, but if I were you, I would go to court and file for custody.
ScottGem
Jan 23, 2009, 08:18 AM
If I understand you, you picked up the child but could not return him because you can't contact her.
No this is not abandonment. But you need to decide what you want to do at this point. Do you want to try for custody? Do you want her to take him back but retain visitation?
How you proceed depends on what you want. In any case you NEED to go to court. If its to petition for custody, you can use the fact that she left him with you and you were not able to return him to her as grounds for a change in custody. If you just want reasonable visitation, then you have to petition for that.
BTW, are you on the birth certificate?