Mother Ill and Father Fighting to get daughter back

[Turtlez]

My fiance' ex-wife has became terminally ill. They have a 10 yr. old daughter together. When they were divorced they didn't sign any custody papers just voluntary child support agreement. His ex-wife has took there daughter to another state to stay with an Aunt and Uncle while she live in another state than her daughter.

Does he have any rights to go and get her without a court order? We already have a motion in to suspend and terminate child support under these circumstances of his daughter being taken out of state and left with other people instead of being left with her father when her mother is so ill.

What can we do?

Can you help us.

 

[smh33]

If absolute, no order of custody, nothing...would think parent rights same as if still married...equal and parent should be able to get child....kinda like what can family (aunt,etc) do...call police for a parent is there to collect thier child? If this situation allows for child to closer/more available to mother, situation could be reasonable...say if Mom has to be where located to get med. treatment,etc....
A lot depends on more facts...distance of all parties, illness,how severe, etc...
If court date of filed motions soon, maybe easier to add additional motion or address issue at that hearing rather than taking all into own hands. Support though usually due & required regardless of actions of said CP...depends by case but child needs financial support regardless..if judge suspends support to punish actions of CP, is actually punishing child.

Given issues...best course is to also file for a custody agreement based around circumstances at present & addressing changes of future as other parent becomes more ill or passes on....could prevent battling it all later should Aunt,whoever want/expect custody.
Sorry to hear your child may lose mother, must be very hard/sad for the child....probably needs to be with other parent now even more than ever to help deal with all. Imagine knowing one parent you will lose and not able to be with the other. Best Wishes to you.