Custodial parent abandonment

[sunshine0616]

If a custodial parent with joint custody leaves the child with someone and moves out of state and does not return for two years, saying that he only wants custody so as not to have to pay support, is that abandonment? The child is being mentally, verbally, and emotionally abused where she has been left and there has been a domestic assault charge on the people the child was left with. The other parent is without a vehicle and the court ruling as to transportation has not been upheld, ever, leaving the parenting time to not be upheld. The parent that the child is supposed to reside with has told the other parent that she could keep the child and then immediately turned around and started cussing and threatening to call the police when the child was picked up for a weekend visitation. All correspondence has been done via text message and all messages have been saved. What legal rights does the "other" parent have and what can/should they do?

[ocean]

The other parent can go to family court and request an emergency temporary  hearing for custody as the other parent sent child to live with non family. That both parents have joint custody and mom/dad would like child returned to the state and custody with them.

Other parent can do this without child or wait for next visit then file when child is with them -emergency temp hearing and that the other parent has not lived with child and child should stay with bio parent until a full hearing .

[sunshine0616]

The child has been left with the "residing" parent's aunt and uncle. There is no CO or anything saying the child can be left with them. the CO states that the child would live with "the defendant". It has been stated that the child must be in school on Monday but the child who is 12 is very emotional about going back there. She is being mistreated(her own words) and does not want to go back there.

[ocean]

So the other parent has child now, this weekend? File Monday morning, emergency temp hearing for child to remain with other parent and start school immediately until a trial date can be set, as primary parent can not take care of child and gave child to aunt/uncle but it would be in the best interest for the child to remain with petitioner as he/she is the biological parent and has joint custody already through the courts. Get that paper, then directly to school and sign child up.