Post: Custodial Parent Abandoned Child with Ex-Husband
Posted by Marsha on 6/07/07
Custodial parent abandoned child for 10 months while custodial parent (CP) remarried and moved to another state (GA). Child remained with ex-husband in AL for 10 months. Non-custodial parent (NCP) required to pay child support found out recently about remarriage and abandonment. DHR is involved as paternity was uncertain when child was born. Currently, child is having severe emotional problems due to CP's new life style and her use of child as a "pawn" against ex-husband. Until recently, child believed ex-husband to be biological father. CP told child of NCP when she divorced. Child is 10. Non- custodial dad wishes to help CP's ex-husband gain custody of child. CP has left child for the summer in AL with ex- husband. Thus, child is within the jurisdiciton of AL and not GA. NCP wants child support to go to ex-husband since ex-husband is supporting and caring for child for next three months. CP doesn't want to allow ex-husband to adopt because that gives him "too much control" and she would "lose her check." Is there any way for NCP and ex- husband to bypass CP (i.e., can NCP reliquinsh his rights to ex-husband) on adopting the child? Should NCP seek sole custody and then allow ex-husband to adopt child on the grounds of CP's previous and current abandonment? Has CP defrauded DHR by accepting support without having physical custody of child (i.e., child lived in AL for 10 months and currently will remain in AL for another 3 months)? If CP has defrauded DHR, will DHR seek repayment from CP or NCP? Court ordered support for those 10 months to go to ex-husband and not CP. What are the ramifications of defrauding DHR? If DHR awarded CP an increase for insurance when she divorced ex-husband, then isn't CP required to show DHR proof of insurance? The reason for this question is that NCP is ordered to pay CP $200 a month for insurance but ex-husband has provided insurance for the child his entire life--even after divorce (i.e., shouldn't the $200 have been awarded to ex-husband or shouldn't CP have been required to at least provide proof of insurance to DHR before requiring NCP to pay?) Does anyone know grounds for DHR's termination of services of CP? NCP and ex-husband have been to court 5-6 times in order to resolve these questions and CP fails to show each time. CP tells DHR she will show for hearings, but then does not. This is very frustrating for NCP, ex-husband and mainly the child. Child is having emotional problems due to CP's actions and currently there is nothing NCP or ex-husband can do to protect child. Is there anything that NCP or ex-husband can do offensively to protect child, to have support payments made to ex-husband who has physical custody of child and to stop this fraud upon the court by CP? Or, will it never stop and the child must suffer?
Posts on this thread, including this one
- Custodial Parent Abandoned Child with Ex-Husband, 6/07/07, by Marsha.
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