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Custody

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CindyJ

Guest
My boyfriend's ex-wife has custody of their 2 children, but left them with him around March 15. They have been living with him since. She has seen them a few times since then, but has allowed them to continue to live with him. I have urged him to take her to court to get custody of them, but he is afraid she will lie to the judge and then get mad at him for taking her to court and not let him see his kids at all. What I'm trying to find out is how long the custodial parent has to be gone for the children to be considered abandoned, so he can file for custody?

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Cindy

[This message has been edited by CindyJ (edited August 22, 2000).]
 


LegalBeagle

Senior Member
He can file for custody anytime he wants.. First, it would be better to file an Ex-Parte motion giving him immediate temporary custody of the child until the custody hearing. This will stop her coming one day and taking the children.

For the custody hearing, she would need to explain what she has been up to, why she gave up physical custody and why she has not visited the children much.

Anytime a parent who has legal physical custody gives up the children to the other parent, there is a good chance that a change in custody petition can be filed and for a court to order a change in physical custody.


 

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