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BF's wife (separated but she refused the divorce) took his son out of school!

Posted by on Sep. 18, 2013 at 1:45 PM
  • 12 Replies

First of all, his son is 5. His mother ran out of state with him when they divorced to keep him from seeing his son. When we got together we managed to get her to let him see his son a few times a month, at her house, and he was not allowed to call himself daddy. We worked around all that. He has always sent his son whatever he needed. Clothes, school supplies, money, toys, and she has had to buy nothing for their son.

Recently, six months ago, she was facing an eviction, had no running water, the children were not taken care of, and to get out of losing them she moved out of state, again. This time she ran to Arizona. Well now we are hearing that she has taken his son out of school bc it just doesn't work around their schedule. She has a part time job and within two months of moving was evicted again. Now I am wondering what we can do about this.

Her and her boyfriend are neither intelligent enough or does anyone think that they are actually homeschooling him. We simply know that he is no longer in school. This time when she moved we haven't heard from her. She won't respond on facebook. She hasn't given him her phone number or address. Basically, we know where she works but have no idea about anything else. She quit giving him updates. She has basically cut him off from his son and ran from the divorce and custody case. And since he has no funds to fight it, he hasn't. But there is no excuse for his son to be taken out of school bc she cant change her work schedule. 

What, if anything, can we do to stop her from keeping him away from his father, and how can we get a social worker to check this out without an address or anything? 


by on Sep. 18, 2013 at 1:45 PM
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Replies (1-10):
crochetstop
by Member on Sep. 18, 2013 at 1:47 PM

He is a very intelligent little boy and liked school and loved making new friends. This seems like neglect to me to take him out of school and not have a decent alternative for him. His father should have some say in how he is taken care of and should not be cut off from his son by a spiteful person who doesn't even have the best interests of the child in mind. 

amonkeymom
by Amy on Sep. 18, 2013 at 2:44 PM
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I think your BF needs to file for a change of custody, to be honest.

esox
by Member on Sep. 18, 2013 at 2:51 PM

Sounds like a horrible situation all around. Since they never fully divorced, and had no written custody agreement I'm not sure if there is anything you can do in this situation. I certainly hope that is not the case! To be homeschooled he would still have to be registered with the district or state. He would also be tracked by some type of homeschooling program. 

I hope someone else is able to give you more useful advice. Which state are you in currently? 

crochetstop
by Member on Sep. 19, 2013 at 7:44 AM
Aw are in Kentucky. He has already been told she has had him this long so there is nothing he can do about that. But in the event she is found unable to provide properly he automatically goes to his father. She ran over state lines so there was nothing he could do. But now there are reasons for her to be looked into. I'm wondering how we can have that arranged without an address or anything.


Quoting esox:

Sounds like a horrible situation all around. Since they never fully divorced, and had no written custody agreement I'm not sure if there is anything you can do in this situation. I certainly hope that is not the case! To be homeschooled he would still have to be registered with the district or state. He would also be tracked by some type of homeschooling program. 

I hope someone else is able to give you more useful advice. Which state are you in currently? 


robin7771
by on Sep. 19, 2013 at 8:29 AM

She is still married to him, so until there is legal divorce he need to get private eye to find her.

esox
by Member on Sep. 19, 2013 at 9:53 AM

Try checking with the last school he was registerd in, or with home schooling programs in her last known area. They have to keep tabs on the kids. Or just call CPS and tell them exactly what is going on and part of the concern is that your SO doesn't know where his son is because the mother keeps moving him, without an address your SO is wondering if his son is homeless at the current time. 

mskeeinmd
by Member on Sep. 19, 2013 at 10:50 AM

Get a lawyer.  If they were never married, he can establish custody now.  File it with the courts.  Is his name on the birth certificate?  If not, get the courts to establish paternity, pay and get it on there and then sue for custody. She will need to prove that she is taking care of her child. Good luck!

polkaspots
by Bronze Member on Sep. 19, 2013 at 10:52 AM
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You don't need funds to go to court. You read as much as you can so you can learn the law and you fight for yourself.
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Bonneata
by Bronze Member on Sep. 19, 2013 at 4:42 PM
  1. First of all I would look into parental kid  napping laws in your area and see if there is anyway to catch her that way if they do it won't matter if she crossed state lines she will be caught the minuete she files for welfare or her next eviction notice. 2. contact CPS in the last known state tp of residence and report her! File for full custody ASAP. BTW in some states an divorce will go through whether the other party likes it or not. 
Bonneata
by Bronze Member on Sep. 19, 2013 at 4:46 PM

Also check in Arizona if they have a parental kid napping law

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