Abandonment??

[momxthree]

I kind of thought that would be her only option right now (to contact an attorney).
It makes me very sad for her... but my heart breaks for the child.

 

[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 police 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.

momxthree: After reviewing all additionally post, this is the best advise anyone can give you for your friend's protection. Did you relay this information to your friend in California? Again, there are no legal grounds for keeping the child; however, there are emotional grounds. A court would be very guarded in removing a child from an environment as you described. That said, the only protect is filing for guardianship. In California there are facilitators office and a courtinfor.ca.gov website.

 

[momxthree]

Not exactly... I told her that I thought she should contact an attorney before doing anything. I would hate to give her any advice that could come back and bite her in the b-hind.
Louisiana Law (where I am) is very different... Napoleonic Law. And it is very clear in the LA Civil Code of what she could do.. not so much in California... so... I think it's best that she consult an attorney in CA before calling the police. I also gave her a link that I found on the gaurdianship stuff.
I have a personal stake in this also... the 'stepfather' in this case is the bio-father of my children. And I want to make sure that things are done correctly... after all... it's not just about protecting this child in CA... but also about protecting mine in LA!!
My attorney is very aware of the situation.... so she'll handle it on this end.

Thanks again, for the input!!

 

[Silverplum]

I have a personal stake in this also... the 'stepfather' in this case is the bio-father of my children. And I want to make sure that things are done correctly... after all... it's not just about protecting this child in CA... but also about protecting mine in LA!!

So finally the truth comes out.
WHY are you SO obtuse about the facts? Are you afraid of getting an answer you do not like?

 

[Ozark_Sophist]

I have several problems with this post. Why have the caregivers not reported the mother missing? What if there was a medical emergency or something worse? I know it looks like abandonment, but what if the step-dad did something?

 

[Silverplum]

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

Your complete lack of legal background leaves you particularly unable to meddle...uh, I mean, "help" anyone, anywhere. You aren't expected to know the definitions of legal matters, of course, in everyday life. But you are now meddling in legal business and have no idea of what you are accusing your former husband of doing. Shouldn't you know just a little something about the topic before you judge? Or meddle?

 

[momxthree]

Silverplum: I assure you I was not with holding information on purpose. As far as afraid to hear something I didn't want to hear... why would I ask a question if I didn't want the truth? I've seen others do that on this site and they get their @ss chewed off. Besides I've been in and out of family court... and I have heard LOTS of things I didn't want to hear. Doesn't make them any less true.
And... I'm sorry. At what point did I accuse my ex of something? LOL, don't answer that question... I really don't want to know what you think. I think I'm a little too fragile for this site. You guys are brutal!!! Not necessarily a 'bad' thing... but if I want to be judged I'll go to confession next Sunday!!
I asked a question and it was answered and I thanked everyone for their input.