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What steps should Noncustodial take when Custodial has abandoned child and left state

This is a discussion on What steps should Noncustodial take when Custodial has abandoned child and left state within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; This is a rather long story, But my husband's ex had custody of his child. We have had visitation for ...

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Old Jul 22nd, 2012, 08:15 AM   #1
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Default What steps should Noncustodial take when Custodial has abandoned child and left state

This is a rather long story, But my husband's ex had custody of his child. We have had visitation for all these years. Child is now 16. Mother has left him TWICE now. The first time was about 2-3 weeks ago. Child was at a friends house and called mom and ask her to bring him his phone charger. Mom showed up with charger, gave him 100.00 bill and told him she was leaving. Said she was going to Michigan (we are in Alabama) to be with her ex husband. (she is currently married to a man for the last 9 years and he has no clue she is leaving either). Anyway, mom tells him she is going to stay the week with ex husband and if everything works out she will be coming back to get her things and going back. So, child calls us and tells us. (apparently he hardly even knew the friend of who's house he was at and she didnt know them either. Anyway, he ended up calling another friend to pick him up and let him stay the night with them and we picked him up the next day. We live over an hour away. So weekend comes and mom calls and said she made a mistake and is coming back to see if current husband will take her back. Unbelievably he did take her back. So, my stepson wants to go home so he can see his friends etc. Mom tells him she came back because of him and all kinds of other bull. So he forgave her and decided he wants to stay there so he can finish his last 2 years of high school at the same school. Well, 2 weeks later, he is back at our house visiting and calls mom to tell her he is ready to come home. She tells him no, he cant come yet. My husband calls her and she says he cant come home yet. Wait til the weekend. So although confused, he stays with us and 2 days later gets phone call from present husband saying he came home from work and all of her stuff (clothes, pictures, camper etc is gone). So her son starts trying to call her cell and no answer and she doesnt return the call. After 2 days, we decide to try to call since she has not called him back etc. The EX husband that lives in Michigan answered the phone and won't let my husband talk to her and hangs up. We keep trying because we don't have any legal papers to be able to register him for school, don't have insurance info for child etc etc. Then the child remembers that he has phone number of ex husbands mom in Michigan because his mom called him from there the first time she left. So my husband calls that number and talks to the Ex husbands mom. Tells her that childs mom needs to call him or he will be forced to file charges of abandonment or neglect. (dont really know what we can do, but was just trying to get her to call so we could get things settled). Well because of fear, she did finally call. All upset because she is scared she is going to be arrested. My husband told her that we NEED custody so we can get him in school and sign for medical if there were to be an emergency etc. Also tells her we need the child support check so we can purchase his school stuff etc. (my husband is disabled so she gets a SS check for the child). She agreed to sign over custody and send the money from check etc. Husband told her this needs to be handled no later than Monday or he will be forced to go ahead with legal proceedings because we have a limited time (school registration is Aug. 1st) She gets mad and says she can just come here and get child and take back with her. Husband told her that laws say she has to go to court to request moving him out of state and the 16 year old said he refuses to go. Anyway, she has agreed to sign over custody etc. But not sure we trust what she says anymore. If she doesn't follow through, what steps do we need to take to get custody so we can register him for school here etc.? And also to get the SS check changed from going to her to coming to us?
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Old Jul 22nd, 2012, 08:16 AM   #2
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Default Re: What steps should Noncustodial take when Custodial has abandoned child and left s

forgot to add.....we are on a very limited income and living in a 1 bedroom house so we will have to find somewhere to move to have room for him to live with us.
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Old Jul 22nd, 2012, 10:12 AM   #3
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Default Re: What steps should Noncustodial take when Custodial has abandoned child and left s

Since there is already a custody order then Dad needs to go to that court and file for modification of current custody order
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Old Jul 22nd, 2012, 11:22 AM   #4
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Default Re: What steps should Noncustodial take when Custodial has abandoned child and left s

I echo sunlover's reply. The father needs to modify the custody decree.
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