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    shallenp's Avatar
    shallenp Posts: 3, Reputation: 1
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    #1

    Oct 7, 2011, 12:38 PM
    Abandonment laws?
    Me and ex are divorced and we have shared parental custody but he has residential custody of the two boys and he has relocated to another state and left the boys with his girlfriend who has no legal guardianship. What are my options as far as abandonment laws or anything else that can be done?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Oct 7, 2011, 01:11 PM
    Go to a family court, file for full custody AND support. Until then I would contact CPS and let them know of the situation
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Oct 7, 2011, 03:34 PM
    You can use abandonment as the grounds for a request ( motion) in family court for an emergency order for temp custody of the kids.

    Then after you get the kids, you file for full custody and child support from them.

    ** is there any reason you could not get custody or want custody ?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Oct 7, 2011, 03:47 PM
    Abandonment is generally a criminal offense about leaving children without adult supervision. That is clearly not what happened here. So I wouldn't even mention abandonment.

    However, if the father moved without court permission, especially if there was a visitation order, then you stand a good chance of gaining custody. The kicker here is why you didn't get residential custody in the first place.

    So what you need to do is is immediately file for a modification of custody on the grounds that the father has moved out of the jurisdiction and left the children with someone not legally responsible for them.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #5

    Oct 7, 2011, 03:57 PM
    What is your version of "relocated to another state"?

    Is he there working a jobsite? Or is this a permanent thing?
    shallenp's Avatar
    shallenp Posts: 3, Reputation: 1
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    #6

    Oct 7, 2011, 04:56 PM
    There is no reason that I did not get custody we the parents had decided before we went to court were the kids would live but only due to financial reasons that have since past. And I also have another issue I relocated to az for employment first and he then also relocated to oh due to work so I don't want to do anything rash but I need to do something because they were left without the care of a legal guardian
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Oct 7, 2011, 05:01 PM
    Did he permanently relocate? Could he have just moved and plans on the girlfriend moving as soon as he gets settled?
    shallenp's Avatar
    shallenp Posts: 3, Reputation: 1
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    #8

    Oct 11, 2011, 02:15 PM
    Thank you for all the suggestions now at least I have some advice to go on
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