You can try taking him to court. This does not mean that you will get full custody.
As the father has joint legal custody of the child he can not say he does not want the child at the paramour.
A father can get custody of the children if it can be demonstrated that that is in the best interest of the child. The father being the primary caregiver would help.
The father was awarded custody of his children.
You have the visitation rights that were established in the divorce, and you have no custody rights.
Guardianship, not custody
If she has custody of the kids. Legal custody.
You petition the court. They are the ones who grant you all types of custody.
Yes, if the father is not given custody he will be obligated to keep paying support to whomever the court awards custody or guardianship of the children.
yes
My husband had this happen to him..... The mother had sole custody, she died in a car accident. Father picked her up and now had sole custody of her. We called around to different attourneys to see if we had to do anything through the courts to get sole custody, and we were told that due to bio mother dying biodad instantly got sole custody. Now if he didn't want sole custody then a near relative could petition the court for sole custody. Hope that helps some.
The father will find it easier to get the custody of the children , as the wife has left both the husband and as well as the children and is least interested in them.
I think what you're saying is that there is no court order in place. If that is the case, then neither parent has legal custody, so who ever has the children then has custody. So, if the children were to return to the mothers care, or if the mother were to obtain the children she would then have custody. This is the case in North Carolina. I can't speak to other states. However, I would like to issue a warning. It is in the best interest of the children for the parents to come to an agreement about the custody of the children. Parents who are separated should still work together to ensure the well-being a safety of their children. If the mother is a drug user, has a violent boyfriend, or anything else that might put children at risk, then be warned that if the mother does remove the children from the father unwillingly - it is likely that he will make a report to Child Protective Services. If CPS finds out that the mother is an unsafe caregiver, it is likely the department will place the children with the father and give him full custody - with a court order.