What is the name of your state (only U.S. law)? Nebraska
The mother of my son has legal physical and custodial custody of him, however for the past seven or eight months he has not been living with her. Mom moved to a city about 50 miles away (without notifying me of the move or her new address) from my son and he was left to live with her husband and the other children from their marriage. Mom was married to the husband at the time our child was born. Also, a grandmother of an older child from one of mom's previous relationships (before the current husband) has been living with the husband, kids, and my son. Neither the husband or 'grandma', the only two adults in the household, have biological relationship or legal rights to my son, if I am correct. Mom sees our son twice a month at the most and I have been sticking to the parenting plan and visitation schedule throughout and lately have been picking up my son pretty much every weekend instead of every other as was initially agreed upon. Mom rarely responds to calls or texts so I have been communicating with the husband to arrange visitation. I hired an attorney six months ago but have been disappointed so far and little progress has been made and nothing close to a court case or hearing has transpired. I don't feel that I should have to return my son to the home considering no legal guardian or relative is nearby but fear being in the wrong legally so do return him. My attorney has not advised me either way which is best legally. Since mom has not been around for such a long period of timeis this enough to be considered for child abandonment and possible emergency temporary custody? Also are there favorable chances I could pursue this on my own if my attorney chooses not to do so? Any advice would be appreciated! Thanks!
The mother of my son has legal physical and custodial custody of him, however for the past seven or eight months he has not been living with her. Mom moved to a city about 50 miles away (without notifying me of the move or her new address) from my son and he was left to live with her husband and the other children from their marriage. Mom was married to the husband at the time our child was born. Also, a grandmother of an older child from one of mom's previous relationships (before the current husband) has been living with the husband, kids, and my son. Neither the husband or 'grandma', the only two adults in the household, have biological relationship or legal rights to my son, if I am correct. Mom sees our son twice a month at the most and I have been sticking to the parenting plan and visitation schedule throughout and lately have been picking up my son pretty much every weekend instead of every other as was initially agreed upon. Mom rarely responds to calls or texts so I have been communicating with the husband to arrange visitation. I hired an attorney six months ago but have been disappointed so far and little progress has been made and nothing close to a court case or hearing has transpired. I don't feel that I should have to return my son to the home considering no legal guardian or relative is nearby but fear being in the wrong legally so do return him. My attorney has not advised me either way which is best legally. Since mom has not been around for such a long period of timeis this enough to be considered for child abandonment and possible emergency temporary custody? Also are there favorable chances I could pursue this on my own if my attorney chooses not to do so? Any advice would be appreciated! Thanks!
