Abandonment in michigan

[katz]

Father has had full physical custody since 1989 divorce, joint legal with mom. Mom left child with him, and rarely saw child for 6 months (averaged 2 overnights a month). After 6 months, mom didnt see child for 3 years. Child was 2-5 years old during that time frame.

Mom came back into child life in June 2001, took standard (even though not court ordered court order is vague "visitation is up to the parents" or some such thing) every other weekend, with extended one week visit one christmas and one summer in 2004.

January 9, 2005 was the last time mom saw child. Father has never moved, address and phone number has been the same since before divorce. According to mom's last known employer she no longer works there, Last known phones have been disconected, and the school has gotten mail back that they attempted to send to mom's last known address.

1. How hard is the custodial parent required to attempt to find a non custodial parent for visitation purposes? (they lived 2 hours away from each other in same state)

2. Could the custodial parent be found at fault in this scenario at all? Considering he has never moved, changed phone number etc?

3. Is there a time where "abandonment" can or should be brought before the court?

[socrateaser]

>1. How hard is the custodial parent required to attempt to
>find a non custodial parent for visitation purposes? (they
>lived 2 hours away from each other in same state)

You have no obligation in this regard.


>2. Could the custodial parent be found at fault in this
>scenario at all? Considering he has never moved, changed phone
>number etc?

Highly unlikely.


>3. Is there a time where "abandonment" can or should be
>brought before the court?

One year of no contact and no support payments (six months in some jurisdictions). But, "should" is too strong a word in my opinion. Don't look for a reason to terminate the parent's rights.

[katz]

Father has had full physical custody since 1989 divorce, joint legal with mom. Mom left child with him, and rarely saw child for 6 months (averaged 2 overnights a month). After 6 months, mom didnt see child for 3 years. Child was 2-5 years old during that time frame.

Mom came back into child life in June 2001, took standard (even though not court ordered court order is vague "visitation is up to the parents" or some such thing) every other weekend, with extended one week visit one christmas and one summer in 2004.

January 9, 2005 was the last time mom saw child. Father has never moved, address and phone number has been the same since before divorce. According to mom's last known employer she no longer works there, Last known phones have been disconected, and the school has gotten mail back that they attempted to send to mom's last known address.

>3. Is there a time where "abandonment" can or should be
>brought before the court?

One year of no contact and no support payments (six months in some jurisdictions). But, "should" is too strong a word in my opinion. Don't look for a reason to terminate the parent's rights.


NEW QUESTION
So you didn't have to read back, I copied most of above, and have one more question: Not trying to terminate parents rights,  BUT  Father is having intensive testing done on his daughter, and with the original decree stating joint legal, father is running into hoops to jump through. So my question should have been:

3. Is there a way to get sole legal custody? Even if just on a temporary basis?

Sorry to be a pain....

[socrateaser]

>3. Is there a way to get sole legal custody? Even if just on a
>temporary basis?

If you have circumstances that require a different legal designation to permit you to more effectively act in the child's best interests, then inform the court of the circumstances and ask for temporary orders to facilitate the change.

Not a big deal, unless your facts don't support your argument (and, based on your posts, I can't tell what the precise issue is, so I can't comment on your likelihood of success).