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Home > Law > Family Law   »   Child Abandonment - READ FIRST!

 
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Old Jun 12, 2009, 02:07 PM
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Child Abandonment - READ FIRST!

Child Abandonment is an often misused term in Family Law situations. Under Criminal law, Child Abandonment refers to leaving a child without adult supervision for a period of time. So a child left in a car while the mother runs into a store, could get the mother charged with child abandonment.

But under Family Law there is no charge for Child Abandonment nor can one "file" for Child Abandonment (except in a very few states, more on that below). Most often Child Abandonment MAY be used as grounds for something else. If you are seeking to modify custody or visitation you may be able to use Child Abandonment as grounds for the modifications.

So please don't ask how you can file or charge the other parent with abandonment. Please describe your ultimate goal so we can give you the best answer.

Note: A very few states do use Child Abandonment as the charge against a "deadbeat" parent who doesn't support their child. If such a parent is not providing support, either court ordered or voluntary, they could be charged with Child Abandonment. But even in those cases your ultimate goal is to get or collect child support payments. And that's what your question should be about.

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Old Jun 12, 2009, 06:38 PM   #2  
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Glad you posted this Scott because half of the time I just skip many of the questions on the board because I find myself scratching my head wondering what in the world some of these people are thinking about or trying to ask. Questions like, "Can I file abandonment charges against him" or "Can I get him for abandonment" don't make any sense. Where do people get these crazy ideas? Filing charges against someone? What in the world is that suppose to mean? District attorneys, those who work for the state and whose job it is to prosecute crimes, file criminal charges against people, not private citizens. Don't people know that? Or is it just too much TV and movies?

Anyway, again, glad you posted this.
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