My daughter and my grandson's father were never married, nor did they live together at any time since the baby was born. She filed for child support 6 months ago and was awarded 275.00 a month and back child support, up to this point he has paid 500.00. Over the past 15 months, since child was born, he has seen the child not more than 20 times. When my daughter has needed food, diapers, etc for the baby he has always claimed to be broke except for three times when he produced diapers and milk. He has not seen the child now in the past two weeks and has had no contact with my daughter. She was told that he left the state to turn himself in for a violation of probation charge and when she checked with probation in that state, they said he is not in custody. Does the fact that the child has always lived with her mean that she has sole custody? Other than the child support order, there are no other court orders, he has never petitioned the court for a parenting agreement.

They both have equal rights at this point since a court has proclaimed him the legal father and awarded child support to your daughter. Your daughter should go to court and get the custody decided. If not you can read the threads where kids have gone missing and there is nothing to be done as the custody was never decided.

By default your daughter has primary physical custody. But if she let them visit with him, there is nothing that would compel him to return them.

So it would be in her best interests that she go to court to be awarded custody.