atminig
09-13-2006, 12:45 PM
I have had full custody for my girls from my exhusband for 5 years. Just recently he told me that he was dying and would more than likely would not be around for too many more years. I agreed for our girls to go stay with him and his wife for this school year only. That way they would have spent tiem together before he got really sick. I just heard from my son ( who stayed with me) that they are planning to wait 6 months and then try to get custody back of my girls. Stating something about abandoning them. I had him sign paperwork and had it noterized that I was not giving up custody and that this was temporary gaurdinship for this school year only. He is 30,000.00 behind in child support which I know I will never see and I was trying to be nice to him and for my girls. I think this whole dying thing was just a ploy now to get my girls. What are the laws about 6 months is child abandonment in Arkansas. And Can he keep them from me with my custody paperwork and this letter I had him noterize that it was just a temperary gaudianship. I am just very worrried. Any advise.
stuckinamuck
09-13-2006, 01:26 PM
Did he tell you what he was "dying" from? Was/ is it logical?
I would consult with an atty to see if the new temp gaurdianship papers are legal.
IF you decided to take your children back, would the kids have to change schools?
Are you still visiting the children and taking them for weekends/overnight visits??
Abandonment is no contact as long as you are visiting they can't claim that...
Keep your phone records and make sure it lists all calls-YOU may need them later to prove you have remained in contact with your children.
Also you may wish to calculate how much child support would be and how much (because the children are spit up) needs to be paid and to whom.
atminig
09-13-2006, 04:14 PM
He told me that he has Gulf War Syndrome and they can not pin point all the things that are wrong with him. He supposedly just stops breathing for short periods of time. Also something about the nerves to his organs and limbs are not firing right. And yes the children would have to change schools since I live in Georgia and he lives in Arkansas. Also I do have contact with the kids by phone and send them care packages. They will be home for Thanksgiving and that will have put them with their dad for 5 months. I just worry about what he can pull when it comes to 6 months. He is very minipulative and so is his wife.
mommyof4
09-13-2006, 04:20 PM
He told me that he has Gulf War Syndrome and they can not pin point all the things that are wrong with him. He supposedly just stops breathing for short periods of time. Also something about the nerves to his organs and limbs are not firing right. And yes the children would have to change schools since I live in Georgia and he lives in Arkansas. Also I do have contact with the kids by phone and send them care packages. They will be home for Thanksgiving and that will have put them with their dad for 5 months. I just worry about what he can pull when it comes to 6 months. He is very minipulative and so is his wife.
Well, if they are going to be back with you before the 6 month cutoff point, it would be impossible for him to claim that you abandoned your children as per the requirements for legal abandonment by law. Take your notarized paper to an atty and see if it will hold up to the standard for a legally binding temporary guardianship. Normally, unless the guardianship is legally handled through the courts, it's not binding. My suggestion to you is to go get your children NOW. Having to change schools is the lesser of two evils if he is really intent upon manipulating you into another custody battle.
stuckinamuck
09-13-2006, 10:21 PM
I don't think I've heard of many Terminal cases of Gulf War syndrome ... That is creative...I really hope your kids were not told some fabrication about how "poor daddy the war hero" is dying.... Hey if he is disabled and so sick that is this "terminal" has he applied for Social Security Disability....On the off chance he really does have something wrong that prevents him from working (like a mental problem?) your children could get a benefit. It would be a nice monthly check that unlike child support it would actually be in the mail at the first of the month.
mommyof4
09-14-2006, 05:10 AM
And then there is always the rather morbid thought that if he is terminally ill and looking at 6 months left, how will he explain that he is the more fit parent to raise these children?
arkansasmom
09-14-2006, 07:39 PM
I am in Arkansas and I have papers saying that I can only file abandonment charges on the NCP after 1 year of no visitation, not 6 months.
mbeisler2000
09-14-2006, 08:30 PM
If you have no contact with them for 1 full year it is considered abandonment..not six months...I am a nurse and unless he has some terminal disease that allows him to live til your kids are adults than there are no judges in the world that will allow him custody of your kids because it would be not in the best interest of the children..If you have given him temporary custody for the school year...than thats all he gets is the school year...Check with your attorney about this but if you feel this is not a good environment for your children you can get rid of the temporary custody bit too...