What can be done to a ';custodial parent'; who has left their children with a family member?

The custodial parent has not legally given custody to the family member even though they have been taking care of the children for years while lying to the non custodial parent. The courts have been lied to by the family member stating that the custodial parent is there and paying them for childcare, but have not produced documentation to prove it. What are the rights of everyone involved?What can be done to a ';custodial parent'; who has left their children with a family member?
Did the custodial parent abandon the children to his/her family? Or does the family take care of them while he/she works and then cares for them?





If it is the afore, then the non-custodial parent can petition the court, with proof of this, and probably get a custody change (unless there is good reason for the non-custodial parent to not have custody).





If it is the latter, well, that sort of thing happens all the time in divorced families. You can't penalize the custodial parent for trying to make a living.





Do you have proof of the lies? Then bring it to the court. Judges do not like being lied to. At all.





Then this is what I would do if I were the non-custodial parent. First, I would call call social services to check the conditions of the home the children are living in (especially if he caretaker is on welfare). At least that is documented. Try to, at the same time, get an emergency hearing...an Order to Show Cause. What this will do is call your case to the docket the next day. The other parent literally has 24 hours or less notice to appear to defend. At the hearing, present your case. Hopefully, you will have a report that you at least called social services on behalf of the children. Present evidence of the abandonment and the threats of violence (the standard of evidence in Family Court is much lower than criminal court).





Prior to court, file a declaration about everything that is going on. Just make it factual, including your feelings regarding the welfare of the children. Request the court make a solution, either with a change of custody and/or a protection order. In some states, people who have restraining orders against them are, by statute, not allowed to have custody of their children until a burden of proof is met that they've changed thier ways. Check with the clerk or court website to make sure that you file the correct paperwork prior to going into court.





Have everything ready, documented, filed, etc. Throw him for a loop on a short period of time. It may work. Actually, now that I think about it, you may want to consider calling the cops, for the threat (document it) and if living conditions where the children are are poor, they may go there and at least document it, or even remove the children if it seems bad. Get the police report prior to court.What can be done to a ';custodial parent'; who has left their children with a family member?
Sounds like no one is complaining.





A parent is responsible for making sure their children are taken care of. That sort of behavior might not be the best actions in the world, but it's not illegal.





If the caretakers are okay with it, then I'd leave well enough alone.
The non-custodian parent needs to get a lawyer, go to court and subpoena the caretakers and all their financial records.

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