More details to this question:
Is there any implied custody of a child if the child resides with one parent that is the sole provider for the child, and the other parent moves out of state for a period of three years? What legal recourse would I have if the other parent returned and took the child out of the state without my consent or knowledge?
1 ANSWER
Without a court order, both natural parents would be able to assert equal rights to the care, custody and control of the child and the cops would have no basis to deny custody to either parent. What you need to do is hire an attorney to file and serve and OCS Re: Filiation, Custody, Parenting Time and Child Support with the court in the county in which you and the child have lived for at least the last six months. The next question is, do you know where the other parent lives (specific address)so your attorney can get him or her served with the OSC? In the process of filing for the OSC, your attorney can also get a Status Quo order that keeps the child with the parent with whom the child has been living on a regular basis (in your case for the last three years).
Answered on Jan 24th, 2013 at 8:12 PM