Bio mom has left the country... Left children behind!

Okay.... Long story short... My husband has a 6 yr old daughter. Mom has had NO contact with the child since April 2010. She didnt even call on her birthday. She has now moved to Spain. She has also left another son from another man. This is the 2nd time she has done this to him. During her time away nude videos and photos have surfaced on the internet, she married a man she had only known for 3 weeks and never introduced to the kids first. She also lived in a home where bondage was taking place and the mayor shut her (The woman she lived with) down. Have video proof!

Is there any way we can file some sort of abandonment or something? She signed legal and physical custody to my husband, but the papers also set a visitation plan for her. What does this really mean? The Legal and physical custody part.

What rights do what have and not have.

My step child has suffered tremndously through this entire situation and we have done our best with counceling and trying to give her stability consistancy and unconditional love. We have also helped maintain her relationship with her brother and grandparents. At what point is enough, ENOUGH! How many times will she be allowed to leave the country for months at a time and then just come back and rip their lives apart again!


PS we are in Indiana

[AFFA]

I wish to inform you that court considers best interest of child as main consideration in matters relating to child custody. In this regard father of the child may apply to court for sole custody. Father may show to court that mother is not taking care of child. Further all facts of mother may be informed to court and sole custody may be taken. Ones court has given sole custody then child will remain only with father.

AFF

First thing is first.

You have to file the documents she signed granting you legal and physical custody with the courts and have that made an order. It is not legal or enforceable until it's signed by a judge.

There is 2 ways to do it. First file what you have and then if she returns and wants visitation you can refile with the additional information asking that the visitation is supervised, or if she has been gone over 1 year you can then file for abandonment and ask the courts to terminate her rights and your husband can ask that you adopt the child.

next you can file now for abandonment but the courts may not consider that only a few months warrants terminating her rights and they could look at the fact that the mother gave your husband Custody with the condition of visitation and you filed as soon as she left town to terminate her rights. That will look bad for you.

I am not a lawyer but I would suggest that you file what you have and make it official. There does not need to be any court hearings, it's filed on consent signed by both parties. If she is in Spain then access is not an issue at this time. When she returns, if you have concerns about your child safety, you can refuse visitation and file to amend the access. The courts will go to supervised access first if she has only been gone a short while and you can prove your claims about her. If she is gone for a longer period then sure ask to terminate her rights but she does have to be served and can file an objection.

I know your frustrated but when terminating rights to have to allow time. Secure your rights now and focus on raising the child. Keep doing what your doing and establish a good home and show that you are keeping the child's extended family in their life. Give her time to prove she only wants to be a parent when convenient and prove you can and have been good parents now.

We have already filed with the courts. She has recently emailed stating she wanted to have my step daughter flown to Spain to visit her. 1 Her passport is expired. and 2. My husband is NOT going to let it happen. SHe also said she was going to call but never did. Thank you for your responces.

Good luck,

If the mother is asking for her ordered visitation the you can't file abandonment against her. Think about it, she is trying to see the child. As for where the visitation is held what does the court order say... If it says in Spain then you are wrong and the courts will see that, if it doesn't say in Spain then you will have to prove your case as to why the child can't go there and an expired passport in your possession is not good enough.

Spain is one of the countries that is legally supports any American child custody and support order so fear of not getting your child back may not go over well as an excuse. She would have to have a history of keeping the child from you and if you are filing for abandonment then I don't think that is an issue.

I would love to know how this turns out and again good luck but the courts usually try to ensure that any child spend time with both parents especially if both parent want to spend time with the child. In today's day and age children traveling to other states or countries is common and I'm afraid the courts will see it that way as well.

Originally Posted by Unregistered Okay.... Long story short... My husband has a 6 yr old daughter. Mom has had NO contact with the child since April 2010. She didnt even call on her birthday. She has now moved to Spain. She has also left another son from another man. This is the 2nd time she has done this to him. During her time away nude videos and photos have surfaced on the internet, she married a man she had only known for 3 weeks and never introduced to the kids first. She also lived in a home where bondage was taking place and the mayor shut her (The woman she lived with) down. Have video proof! Is there any way we can file some sort of abandonment or something? She signed legal and physical custody to my husband, but the papers also set a visitation plan for her. What does this really mean? The Legal and physical custody part. What rights do what have and not have. My step child has suffered tremndously through this entire situation and we have done our best with counceling and trying to give her stability consistancy and unconditional love. We have also helped maintain her relationship with her brother and grandparents. At what point is enough, ENOUGH! How many times will she be allowed to leave the country for months at a time and then just come back and rip their lives apart again! PS we are in Indiana

there is no WE in this. this is dad's issue to deal with. you have no rights or standing to do anything, you are a legal stranger here. and btw, she is not bio mom, she is just mom.

Yeah didnt need that negativity. Any woman can be a mother, it takes a special one to be mommy. So she is lucky I even gave her the mom part.

Also the passport is expired, so mom needs to come back and sign for a new one before she goes anywhere.

The plans laid out in the papers do not say anything about Spain because she just up and left. The papers were drawn up in April and she signed after she stopped communication with the child.

She also did not file an intent to move, in Indiana you have to file an intent to move to give the other parent time to argue they why nots that the child should go to another state/country.

Shes got A LOT of explaining to do. Im not arguing the courts would encourage their relationship.