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View Full Version : Mother leaves special needs child for 2 years. Abandonment? What now?


Jetris
Sep 4, 2012, 09:30 AM
I understand now the definition by Georgia law. My question is my boyfriend and I care for his ex wife's 14 year old special needs son. She does not visit with him nor does she provide any monetary support. They have 2 children together that my boyfriend does have custody of, she sees them everyday. When she gets angry she threatens us by saying she will take the 14 year old away and we will never see him again. What can we do, my boyfriend is not his biological father (biological father has not seen child in 12 years) but he wants custody of the child. Can we file something to obtain custody of this child weove and care for?

smoothy
Sep 4, 2012, 09:35 AM
If he has custody (meaning the court granted him custody) she can't take it away... only the court can do that.

Personally... I would go to court to get child support ordered.

Jetris
Sep 4, 2012, 09:53 AM
No, he has custody of their two children. This child is hers not his but she has left him here.

smoothy
Sep 4, 2012, 10:14 AM
SO... he has no court order awarding him custody... he is just informally taking care of them?

Jetris
Sep 4, 2012, 10:14 AM
Should we call children's services? Or get an attorney? We want to get some sort of legal guardianship or custody. What if he was injured, we would not be able to get him the proper care for him, we can't give concent...

Jetris
Sep 4, 2012, 10:16 AM
SO...he has no court order awarding him custody....he is just informally taking care of them?

Yes, that is it. We have no legal guardianship, she has custody but refuses to care for him. He has spent the night with her 4 times since December 2010. She sees him maybe once every 3 months and it is always less than 4 hours. She has no relationship with him really.

smoothy
Sep 4, 2012, 11:01 AM
Should we call childrens services? Or get an attorney? We want to get some sort of legal guardianship or custody. What if he was injured, we would not be able to get him the proper care for him, we can't give concent....

I would do both, but talk to a lawyer first... and follow any recommendation they will make to the letter. I understand your concerns here, and you have to cover your own behind as well as try to do what's best for the child. Right now there is nothing to prevent her from continuing more of the same...

You need to have a legal guardianship established.