Child abandoment issues / child support?
My brother and his wife divorced. He was ordered to pay child support, then lost his job. Unable to pay, he was arrested and put in jail. His bail will be given to her for her child support. BUT the kicker is, the children have been staying with ME for the past three months. We have provided for them and repeatedly asked for financial support from their mother, of course she refused. She also rarely speaks to her kids or returns their calls. We have also tried to make arrangements to return the children but the mother makes excuses why she can come get them or take them when they are brought to her, i.e no babysitter. What action, if any, can i take?
Answers:
You need to approach the court which issued the child support order and explain the situation to them. The children could be considered as being abandoned by their mother even though you are looking after them, and probably doing a wonderful job. It's the children who are important the adults can look after themselves. I would make a big fuss at the correct level and make sure this woman who calls herself a mother is found out. You can always call social services and let them know what is happening and also that the children are not in any harm and are well looked after, just that the mother takes no interest or responsibility for them.
well first of all you need to contact family division and tell them and make sure keep all your receits as well. i no someone who went through the same thing call your local family div and talk to them they will help.
You can force your brother's ex-wife to take the kids from you and take care of them like she's supposed to. She's under no obligation to pay you anything if you want to take care of them. If she refuses to take custody, you can call Child Protective Services and put them into foster care, if you want to do that.
Best bet is to go see a good attorney. Does the prosecutor of your brother's case know about all this? If so, he should be prosecuting your ex-sister-in-law for abandonment.
Call your local Department of Family Services. They will help you through the entire process. You may want to remember that if abandonment is proven, they will take the children and put them in foster homes. If mom doesn't care and dad's in jail, they will foster them out if you don't keep them. Otherwise, you can talk with them about financial aid, medicaid, food stamps etc., for the children so they can stay with you.
Involving child services will be a travisty at this point. Also, why has your brother NOT filed for custody.
As an attorney who has faced this situation several times, I will give you the same advice I do my own clients. IMMEDIATELY petition the court for guardianship of the children citing abandonment and fraud.
In your petition detail for the court that the mother receives the child support but has not contributed to the support of the children and refuses to accept them in return.
Have your brother join in the petition and when he is out of jail or has a job, he needs to file for custody citing the same abandonment issues.
Then both of you need to file a criminal complaint with the district attorney for failure to support and fraud on the mother.
HAS ANYONE THOUGHT ABOUT CALLING CHILD SUPPORT TO TELL THEM CHILDREN ARE NO LONGER WITH THE MOTHER??
Your brother should have filed a motion to close the child support case as the children are no longer residing with the 'custodial parent'
.
Usually within 4 /5 weeks from filing motion the case goes into court and i suggest your brother provide proof children are with you; school letters, babysitter letter or anything else that proves children residing with you---- The support order will be terminated if children are no longer with custodial parent and then you will have the chance to file for a petition for child support if you choose to do so.
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