Abandonment???

My brother is going through his second divorce, he has custody of three kids by his first marraige. He is living with my other brother for the time being, he is short of money and can't afford to get his own place right now. The ex wife has the kids right now, he asked her to take care of them for a couple of weeks until he gets back on his feet. But now she wants her children back, she is claiming my brother abandoned the kids. My brother has physical custody of the children and the ex-wife has the kids every other weekend. She lost the kids because of neglect (drinking and drugs). She lives with her mother and works part time. Is this considered abandonment? Does she have a chance of getting the kids back? What can my brother do? Any advice would be greatly appreciated. Thank you.

Until there is a change of custody, the children are still considered to be living with the Father...Now this doesn't mean that she will take him to court to file a change in custody...and I do feel that this is a circumstance where she can file against him to retain custody. But until this is done, she is obligated to turn them back over to your brother. Since he has left them with her, she can and probably will use that against him...Good luck!

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*There is no love, like the unconditional love of a Mother*

-I am not an Attorney, any advice given is strictly advice-

This is not abandonment. Two thing, first go to the police near her house, show them the court order and ask them to go with him to ensure the save return of the children.

If that does not work because the police are not interested, then go to the local court house and ask for papers to file and 'Order to Show Cause'. They may help him fill it in and file it.. or he can find a paralegal in the local phone book. He needs to put in there that she is refusing to return the children.



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My advice above is equal to the advice they would give if you asked that person a legal question.