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acissejeus · Mar 16, 2009, 04:31 PM

My brother had weekends with his kids until the day there mother dropped them off and said she wouldn't be back. When they arrived they had not changed there close or bathed in days. This being known by us questioning them. They had spent the last week in a hotel room with only popcorn to eat and being left alone in the room while " there mom was in the next room with a man". Since, they have been in school and in a much better place. My brother has just started a better job to better provide for them but at this time hasn't been able to save enough money for a lawyer to apply for custody or child support. We have talked to child protective services and they have decided to disregard our concerns about the condition of the girls when they came. I would like to know how long we have to wait to file abandonment charges? The well being of these girls is at stake if she decides to come back and take them, (which we were told she can do at anytime at the school if we have not filed custody.) Please Help?

ScottGem · Mar 16, 2009, 05:30 PM

The answer is never. Abandonment is a criminal offense that occurs when a child is left totally without supervision. That's not the case here. So forget that part.

While its better to have a lawyer, its not 100% necessary. Especially in this case. Your brother should go to your local Family Court and ask what forms he needs to file to request sole custody. After he files, he will have to make an effort to contact the mother and let her know about the action.

If she can't be contacted or declines to show up or fight it, then the court will award him custody. The only time he will need an attorney is if she hires her own to fight his getting custody.

cdad · Mar 16, 2009, 07:18 PM

Originally Posted by ScottGem

The answer is never. Abandonment is a criminal offense that occurs when a child is left totally without supervision. That's not the case here. So forget that part.

While its better to have a lawyer, its not 100% necessary. Especially in this case. Your brother should go to your local Family Court and ask what forms he needs to file to request sole custody. After he files, he will have to make an effort to contact the mother and let her know about the action.

If she can't be contacted or declines to show up or fight it, then the court will award him custody. The only time he will need an attorney is if she hires her own to fight his getting custody.

The only thing I would add is that you might want to request an emergency hearing for custody since time is of the essence.

Fr_Chuck · Mar 16, 2009, 07:23 PM

There are different types, most of the criminal issus involve leaving them at the mall or gas station and just driving away.

And depending on their ages, the courts may not view leaving them in a hotel for short periods completely bad. In fact I have seen cases where the father used this as evidnece and the judge decided he needed to pay more child support so they could have a sitter.
I have seen cases where the mother bought men home for money while the kids where in the front room watching TV, and she keep custody

Fair and right are not two things you will find in court, legal and following the ruling of the court.

So if she droped them off with father, and it has been a month or two, often the court will rule and give him custody,

But you will have to get an attorney, and the courts will look at also , is he current with child support, him being one payment late goes against him big time often in the courts.