Ok, I know you are missing the point here. BUT HE SCREWED UP AND LOST CUSTODY! I say that the law, in that case, should not penalize the mom because dad is a deadbeat loser. That goes for either parent in this situation.
Then, after mom has struggled for years doing this on her own, whether she was good about it or not, he decides to show back up. Give me a break. He is a loser and when he lost custody, he should have no rights, ever again, period. This is one of those situations that should have permanent consequences.
In pretty much all fifty states, when two parents split up (either separating or divorcing), a decision has to be made regarding who gets custody of the kids. The parent who “loses” custody doesn’t lose all his or her rights. Barring some serious reason otherwise (such as abuse) he or she is awarded visitation with the children. That is a legal right under the law and is also designed to give children the right to know and have contact with both parents. The law presumes that contact with both the custodial and non-custodial parent is in the best interest of the child.
When the custodial parent decides to unilaterally terminate the visitation (including by moving and not telling the non-custodial parent), he or she has violated the rights of other parent and of the child. The court then has to decide what the appropriate remedy is to insure the child’s best interests.
In this article neither parent is perfect but, according to the article, the mother demonstrated that she was actually less fit than the father. Not only did she deny her child visits with the father (even keeping the kid out of school in an attempt to frustrate the father), not only did she take up with an abuser but she gave the child away to a non-relative.
Try reading the article a little more carefully. If anyone turned out to be a ‘deadbeat loser’ it was the mom.