Okay. Let me try and explain the best I can without taking up too much time and space.
I obtained legal conservatorship last year because the baby was being abused and neglected.
The bio parents were not living together at the time, (they had broken up)but the bio father did acknowledge paternity and the child has his last name. (They were never married).
The bio parents got back together when I we went to court and lived together until about 2 weeks ago...I still had and have legal temporary conservatorship of the baby.
They both have never paid child support or followed any of the court order and the bio father has missed visitation after visitation and has now stated he only wants to come to see child every other Sunday for 2 hours because he is going to be getting a job that will require him to work alot. (He hasn't gotten the job yet).
He drinks alot and smokes pot...his drug test came back positive when we originally went to court last year...and I recently found out he is dealing drugs to make cash money on the side to support his habits.
The bio mom, however, since being away from him is starting to get her act together and wants to get on her feet, go to school and get a career so she can have her child back. She says she knows it won't happen immediately, but is going to try in every way she can to prove herself fit, including counceling for anger management and paying SOMETHING in child support every month.
When these bios were together and we went to court, they didn't have an attny, and the judge told them to get one and posponed the original hearing until they did. We went back and the judge awarded me temporary conservatorship and told them the things they needed to do to get their child back.
They never did any of those things and the bio dad has said he will NEVER pay me child support even if they sent him to a foreign country and chopped his head off.
He will not give me or the court a forwarding address, phone number or way to reach him, so I can't let the OAG know where he is.
Right now...both the bio parents still have this attny retained, and of course owe her a great deal of money.
I am a pro-se representative because I can't afford an attorney, so am having to figure out all this legal stuff on my own...with some help from friends like you! =)
I would like to take the bio dad back to court for contempt and let the OAG do their thing when he is there, but don't want to harm the bio mom since she is clearly trying to do what is right for her child and I really want them reunified.
Does it make more sense now? I hope I didn't leave anything out and maybe someone can help me. I'm really stuck at this point and don't know how to proceed and the law books I've purchased don't address these issues, ie: the same attorney and the contempt of court for dad, but not mom.
Please help??????
Thank you.