Abandonment??

[momxthree]

What is the name of your state? California
Mother and Stepfather live with Stepfather's parents. Mother leaves to pick up Stepfather at work and neither of them return (it has been a month and a half) and there has been no phone contact (cell phones turned off). Stepfather's parents have contacted stepfather's employer and he is still working and still 'in town'. But they cannot find him. Have left messages with employer, but he will not call them back.
Is this abaondment? The 'grandparents' are good people and are taking care of the child. However, what if something happens and the child has to go to the ER? They do not have consent to authorize treatment. Will CPS take the child?
Are there any other 'areas' to be concerned about?
If the grandparents call CPS will they take the child or will they allow them to keep him until a final determination is made? The child has no other family to speak of (birth father not in picture).

 

[moburkes]

What is the name of your state? California
Mother and Stepfather live with Stepfather's parents. Mother leaves to pick up Stepfather at work and neither of them return (it has been a month and a half) and there has been no phone contact (cell phones turned off). Stepfather's parents have contacted stepfather's employer and he is still working and still 'in town'. But they cannot find him. Have left messages with employer, but he will not call them back.
Is this abaondment? The 'grandparents' are good people and are taking care of the child. However, what if something happens and the child has to go to the ER? They do not have consent to authorize treatment. Will CPS take the child?
Are there any other 'areas' to be concerned about?
If the grandparents call CPS will they take the child or will they allow them to keep him until a final determination is made? The child has no other family to speak of (birth father not in picture).

Is this abandonment of what? You are going in circles around the subject. The grandparents are taking care of what child? You never mention a child except to say that are taking care of him/her.

Who's child is this? Where is the child's other parent?

 

[momxthree]

Sorry..confusing post...

I'm sorry.. I was trying to keep it simple and ended up making no sense.
*******
Clarification:
Child is 4 years old. Mother, stepfather and child live with stepfather's parents.
Mother leaves to go and pick up the stepfather from work (should have been gone about an hour), it has been a month and a half.
The mother and stepfather have not come home or called home. They turned off their cellphones and can not be reached. The people caring for the child (the stepfather's parents) have contacted the employer of their son and he is still working there (he is a truck driver and has been in and out of town).
My questions are: Is this abandonment of the child? The mother left him in 'good hands' but didn't tell them she was 'leaving'. She hasn't called... and the people who have him do not have rights to seek medical treatment for him. Should they call CPS? Will they be able to care for the child until they can figure out what is going on if they do call CPS?
The child has no other family.

 

[moburkes]

I'd call CPS. The bio dad *may* have certain rights, although he hasn't been in the child's life.

 

[momxthree]

The biological dad terminated his rights.
If they call CPS, will they (CPS) allow them to continue caring for the child until they know something?

 

[moburkes]

The biological dad terminated his rights.
If they call CPS, will they (CPS) allow them to continue caring for the child until they know something?

Oh, okay. That is very different than simply being out of the picture. You're making me pull teeth, here. If the home appears to be safe, I don't see why they would move the child immediately. They need to consult an attorney to figure out the best way to proceed.

 

[its_kathie]

This happened to a friend of mine. The difference here is that she was the biological grandmother. You have no legal rights.

That said, file a police report. The polic can call CPS or not. You do not need to call CPS because the children are NOT in danger. As a matter-of-fact, your ONLY concern is the best interest of the children. Your secondary concern are the parents; hence, file a police report.

Your next step is to file a motion for temporary guardianship, post-haste!

Document everything - and I mean everything. The behavior of the parents are suspicious and could cause harm to the child. As a matter of fact, in my opinion they already have - alienation of affection. This child has been bonded to the parent and a parent to immediately withdraw with no concern or contact is neglect.

Keep me informed. Your first call is to the police. Make a report and get a report #. You don't need to contact CPS - that's not your call if the child is safe. The police most likely won't if the house is in order and you inform them you are contacting the court.

Don't forget to get the officer's name and the report # and the dispatcher's name, date and time you called.

Start logging everything.

 

[moburkes]

Of course, they have no legal rights. Did you really instruct OP to keep YOU informed? Who are you-the mother?

 

[momxthree]

Sorry again... when I said "out of the picture" I should have been more specific.
Also, this isn't me... I'm asking for someone else who lives in California. I am in Louisiana and the 'rules' for abandonment on the Social Services website and in Louisiana Civil Code are much clearer.

I agree that the child is in no danger. Actually, the child is MUCH, MUCH better off where he is now. The fear is that these two (mother/stepfather) show up after their binge and take the child... which they have every legal right to do.

I'm thinking that the BEST option now is for the grandparents to contact an attorney and make sure that all t's are crossed and all i's are dotted!

Thanks for the input.

 

[Rushia]

Sorry again... when I said "out of the picture" I should have been more specific.
Also, this isn't me... I'm asking for someone else who lives in California. I am in Louisiana and the 'rules' for abandonment on the Social Services website and in Louisiana Civil Code are much clearer.

I agree that the child is in no danger. Actually, the child is MUCH, MUCH better off where he is now. The fear is that these two (mother/stepfather) show up after their binge and take the child... which they have every legal right to do.

I'm thinking that the BEST option now is for the grandparents to contact an attorney and make sure that all t's are crossed and all i's are dotted!

Thanks for the input.

You need to be even more specific...

Did stepdad adopt the child?

 

[momxthree]

No, he has not adopted him. Does that matter?

 

[moburkes]

No, he has not adopted him. Does that matter?

Well, it means that he didn't abandon anyone.

 

[Rushia]

Well, it means that he didn't abandon anyone.

Exactly, and further, since these are HIS parents that means that they may not have legal standing to do anything if another relative steps forward to claim the child. It just makes things a lot more complicated.

 

[momxthree]

Maybe HE didn't, but in my opinion the 'mother' did.

The fact of the matter is, a four year old child has been left by his mother in the care of someone who thought she was babysitting for an hour or so... a month and half later... still haven't been able to track this 'mother' down. With no other family and with the love that this person has for the child... I was trying to help her find a way to keep him protected, that is her first priority.

So, she is not the biological or adopted grandmother of the child.
What are her choices?

 

[moburkes]

Her choices are to contact a local attorney.

Your original post gave an example of a medical emergency. Now you are talking about protecting a child. Sometimes, now matter how much it hurts, we are unable to protect a child from its parents.