ExpertLaw.com Forums

Custodial Parent Won't Communicate, Can't Be Located

Printable View

  • 01-31-2014, 02:04 AM
    Melissakelley
    Custodial Parent Won't Communicate, Can't Be Located
    My question involves a child custody case from the State of: California

    So my boyfriend has a son (they were never married and no court order is in place) his son is under the age of 2. The mother has been unsuccessful in her attempts to maintain consistent contact with my boyfriend. Her phone is always shut off for long periods of time due to non payment so he is unable to stay in contact with her and since has been utilizing facebook. In order for him to see his son in the past he has just had to show up at her parents and hope to catch her there. It has become apparent that she has moved and this became relevant after her not returning any messages for 2 months and also after speakin with her father who she lives half the week with other half with her mother. She never notified him of any sort of move not is she cooperating in letting him know where she has moved to. We did notify the police and they investigated and will be forwarding information over to the DA's office. Is this a case of parental abduction? She is also trying to claim child abadonement on his part but how is that when he tries to see his son an yet he can't because she never returns a message or phone call. She does not work, she does not drive and her only source of income is state/county assistance. What should he do? This situation is taking a mental toll on his life. Please help
  • 01-31-2014, 02:25 AM
    Dogmatique
    Re: Where to Start
    Is he the legal father?
  • 01-31-2014, 08:55 AM
    Melissakelley
    Re: Where to Start
    No paternity has been established by the court or anything but he did sign the birth certificate. He wants to begin the process of taking her to court but she is nowhere to be found and her family is not cooperating in letting him know anything, not even if she's in the state, out of the state...nothing. She hasnt communicated consistently at all and in the last 2-3 months hasn't returned texts, facebook messages and since either changed her number or had her phone disconnected. She did finally return one facebook message 2 days ago but was being childish, vague and difficult and wasn't much help even when asked how the baby was doing she kept on about the past relationship and how they weren't together anymore. Even during the inconsistent times of communication he would ask to come visit with his son and she would not get back to him for days sometimes weeks. When asked to take his son for the day or night she always had a reason to not let him n told him he couldn't but he could stay the night with her n that's how he could see his son and have him overnight. The difficulty with this woman is taking a toll on him and now affecting him even more so because he has no idea where his son is.
  • 01-31-2014, 09:13 AM
    Dogmatique
    Re: Where to Start
    Okay, then because he wasn't married to Mom, he had to have signed paternity papers. This is good news for him, because now he's the legal father and even without a custody order Mom doesn't get to just up and leave and conceal the child from him.

    He needs to get himself to an attorney - as in the next hour or two - and file for a temporary order pending a final determination of custody. His attorney can guide him on whether this is or isn't enough of an emergency to file an ex parte order (usually limited to imminent risk of harm, but can also pertain to a parent who takes off and there's a decent chance the child will be removed from the state).
  • 01-31-2014, 10:32 AM
    Mr. Knowitall
    Re: Where to Start
    Quote:

    Quoting Dogmatique
    View Post
    ....even without a custody order Mom doesn't get to just up and leave and conceal the child from him.

    Without a custody order, what's to stop her? As you say, he needs to get an order.
  • 02-01-2014, 09:30 AM
    Melissakelley
    Re: Where to Start
    We definitely know that she has indeed moved whether within the state or out is the unknown answer but I'm really leaning on completely out of the state. If this is the case I know u must file within the county the child resides....we do not know where that is. Do we file in the county of the child's last known whereabouts?
  • 02-02-2014, 12:53 AM
    llworking
    Re: Where to Start
    Quote:

    Quoting Melissakelley
    View Post
    We definitely know that she has indeed moved whether within the state or out is the unknown answer but I'm really leaning on completely out of the state. If this is the case I know u must file within the county the child resides....we do not know where that is. Do we file in the county of the child's last known whereabouts?

    "We" don't file anywhere.
All times are GMT -7. The time now is 06:10 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved