[Bonnie Clanton]

What rights does my Son have concerning. Child custody ? His wife has been gone for almost 2 yrs. Now with no contact. Can not locate her. Still married.

[J_9]

Your son needs to file for divorce as well as sole legal and physical custody of his child.

[joypulv]

Laws vary by state.
As of now, she is free to walk in the door and have all the rights she has had all along as the mother and wife.
If he wants to have sole custody so that she can't take him, he needs to get a divorce, which will include making an attempt to locate her that will satisfy the court. If he's worried that she might want him before the divorce is final, he needs to talk to his Family Court about a petition asking to give him custody pending the divorce.

[Bonnie Clanton]

My son's wife left almost 2 years ago, leaving my grandson. With my son with no contact. Can my son file child abandonment on his wife?

[cdad]

My son's wife left almost 2 years ago, leaving my grandson. With my son with no contact. Can my son file child abandonment on his wife?

Your son can not file for abandonment. It could be used as an argument for custody but abandonment is a criminal charge. So it would be up to the DA or Magistrate of your area to file charges.

Your son needs to get to court and start filing papers right away.


What is the stated reason his wife has been gone ?

[ScottGem]

Where is the child now? Until a court order is issued, they have equal rights. As noted he should file for divorce and full physical and legal custody. He will have to satisfy the courts he has made a good faith effort to serve the mother with papers.