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I want to take my ex husband back to court to get sole legal custody of our 2 children. He hasn't seen or called them in 3 months, my son is always telling me things that go on there, he does drink and I am suspicious that he is doing drugs, because he did them while we were married and his father dealt them. I am going to be requesting a drug test. I know I do need some evidence of some things, but I also want my son to talk to someone in the court.  I want him to tell the judge or whoever what goes on and his feelings. He is 10. Now if I petition him to court and they can't serve him for the court date, what happens? He has no physical address, he doesn't have anywhere to live. What are my chances and what about not being able to serve him?

Ive been keeping track of everything from day one. I'm tired of my kids being s*** on. It just sux that they have to suffer because he wants to be a part-time father. He has been on unemployment for the last 2 1/2 years. Thats disgusting. He hasn't even tried to find a job, obviously. I get child support, my woppin 69 dollars a month, guess I should just be happy I get anything at all. I just wish he'd give up totally so my fiance will be able to adopt them when we get married. My oldest wants my fiance to adopt them. I just want my kids to have a good life and a father who is there for them all the time and not part-time

Got a question. My ex is doing it again. Only getting the kids when It suits him. It's been two months now and no phone calls, and no getting the kids. The last time he talked to his son, he hung up on him. This is not the first time he's done this. What can I do legally about this? Can this be a good reason to get full custody of my kids? I tried before and was told I didn't have good cause. Some advice would be great. He is suppose to get them this wknd, christmas, and no call or anything.

I totally agree with that, and I have set guidlines and told him what to do if he feels its a bad situation. He also has to look out for his little sister. I would send him with a cell phone, but the last time I let my exhusband borrow the stroller that I paid for, he won't give it back, claims he paid for it while we were married. Called the cops and they told me it was a civil matter. So I don't want to send my son with a cell phone because if he takes that away from him and claims the same thing, even though we've been divorced 2 years, I'll have to take him to court, cuz it's a civil matter. The laws in that county are extremely screwed up. The county I live in now is totally different. They actually enforce things in this county. But ya, I do set guidelines with my son, and do document everything

Im sorry I wasn't clear about all this. Yes I have read the reasons for termination of parental rights in my state, but they are confusing. Also, I don't want his rights terminated because he doesn't pay or doesn't see them, that i do know won't get his rights terminated. Like I said before, he did things to my oldest daughter ( whom is not his), but detective says her word against his. HE is a vile, disgusting man because of that. Yes my husband would be willing to adopt, and I have brought it up to the BF about it giving up his rights and he said he won't do it. So I guess he wants to go to jail for back support, i don't know. All I'm saying is the reasons for termination are unclear. One reason states, if the parent has not contact with the children for at least 6 months is abandonment. I find that hard to believe that they would terminate someones rights for just that. My son complains that his BF always yells at them, is paranoid, can't wait for them to go home, and is starting to treat my son like he did my oldest daughter. He has told me he hates his BF. I try to tell him he shouldn't talk like that about him, but it doesn't matter. I guess I'm just venting about all this because I'm frustrated about all of it. I know none of you are lawyers, just wanted to know if anyone went through anything like this or has read anything, thats all.

So is that the only way to get termination of rights? The parent has to be a felon or something? What if the other parents new husband wants to adopt the kids? And the absent parent doesn't pay support when he should, only gets it when he gets unemployment? There was abuse in the past, but can't prove it, and says things that are hurtful to the children. I know I should consult an attorney, and I've read the list of things that can have a parents rights terminated, but their not very clear.

As for the back child support thing, I was told I can't do that since the state is involved with that. Thanks for trying to help everyone, but as someone said, its a lost cause. my kids are destined to have satan as their father

I understand what your saying, but he has already screwed up my oldest daughter life( not his kid). She is emotionally scared for life and there is nothing I can do about it.  He also sexually abused her, but theres nothing I can do about it, I tried. Yes this man IS mentally unstable, extremely mentally unstable. Theres nothing I can do about that either. My son whom is 10, understands what is going on and he is so disappointed by his BD, that he gave up on him months ago and wants my fiance to adopt him and his lil sister, but she doesn't know whats going on and that's the hard part in all of this.  Actually his entire family is really screwed up.  The ex father in law, deals pot, but can't prove that, but I actually want to take the BD back to court and have him drug tested, I am willing to do the same, just to prove I'm not doing them, but I know he is.  I know so many horrible things about this man, but I can't do anything about it and it's so frustrating.  Yes I know my fiance adopting the kids won't make this go away, but my children deserve a stable home without all the garbage that goes on. I constantly worry when their with him, not cuz I'm over protective either. The things I hear when my son and daughter come back from their BD visit is ridiculous.

He takes the kids when he has a place to go with them. I called child protective service and they told me as long as he has somewhere to go with them, i have to let him take them, and i do. He doesn't call, my son calls. He really upset my son the last time he called his BD. He told him when his attitude changed then call him back.  Well I was standing right there through the conversation and my sons attitude was fine.  I think the BD is pissed cuz all his unemployment ran out and now he has no money. I'm pretty sure he's living in his vehicle also. I know not paying has no bearing on anything, but this man is a HORRIBLE father. Well I can't do nothin about it, so guess we'll see what happens in the future

As far as I've been told, no you can't unless you tell the person you are doing it, otherwise it won't hold up in court