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-   -   Custody and neglect (https://www.askmehelpdesk.com/showthread.php?t=366807)

  • Jun 19, 2009, 11:36 AM
    rharvey1981
    Custody and neglect
    I live in Kansas where I was a single mom of a little boy I meet a wonderful man who had four kids and is currently in Iraq he and is ex-wife have joint custody of there four children. . She has residential custody of two of the kids and he has residential custody of the other two. She has gotten engaged to a man in GA and moved there but left all four of the kids with me which I don't mind but she since she moved there she has only talked to them on the phone once and that was when I called her for the kids and has only seen them once on a web cam that was only turned on because she wanted to see our new puppy. She calls to ask about her money that she thinks she should get for child support but she doesn't even have the two kids with her I do. Is there anything that he and I can do to get custody of all four kids since she is doing this to their children. Can it be considered neglect on her part or is it more then that.
  • Jun 19, 2009, 11:49 AM
    Justwantfair
    File for a modification of the original custody order.

    Document, document, document.

    Start researching/interviewing attorney.
  • Jun 19, 2009, 12:40 PM
    stevetcg

    Are you married to the father? Do you have power of attorney? His is technically the one who is required to file for a change of custody (and support). If he is in Iraq, he should speak to legal services overseas. They should be able to act on his behalf getting custody modified and letting him keep the money he is paying to his ex.
  • Jun 19, 2009, 12:41 PM
    stinawords

    Your husband will need to file for a modification of the custody order. You can help him by looking around for a lawyer for him to use and documenting everything as far as proof of how long the kids have been living with you and their contact with their mother.
  • Jun 19, 2009, 12:42 PM
    JudyKayTee

    If the children were simply dropped off with you without legal guardianship I see you having problems if YOU try to do anything about this situation.

    As has been said - HE has to move for a modification and I realize that is impossible at this time.
  • Jun 19, 2009, 12:44 PM
    Justwantfair
    Completely my error.

    He is the only one that can file for the modification of the current custody order. I apologize for not being clear on that originally.
  • Jun 19, 2009, 12:48 PM
    ScottGem

    You have no legal standing here. If one of the kids gets sick and needs medical attention you have no right to approve the procedure.

    So you are in a very tenuous legal position and you need to do something about it fast. I would suggest that their father file an emergency request to appoint you as guardian for the children.

    That will at least allow you to make decisions about their care.

    From there the father can apply for a modification of the custody order giving him full custody of the kids. At the same time requesting a modification of any support order.

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