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Child Abandonment - READ FIRST!

Asked Jun 12, 2009, 02:07 PM — 5 Answers
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.

5 Answers
cadillac59's Avatar
cadillac59 Posts: 1,326, Reputation: 509
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#2

Jun 12, 2009, 06:38 PM
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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recover2day's Avatar
recover2day Posts: 3, Reputation: 1
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#3

Jun 12, 2012, 03:03 PM
N.J. Statutes concerning child abuse can be found under Title 9. Children--Juvenile and Domestic Relations Courts. 9:6-1. ABUSE, ABANDONMENT, CRUELTY AND NEGLECT OF CHILD; [WHAT CONSTITUTES ABUSE SHALL CONSIST OF ANY OF THE FOLLOWING]
~Abandonment of a child shall consist in any of the following acts by anyone having the custody or control of the child: (a) willfully forsaking a child; (b) failing to care for and keep the control and custody of a child so that the child shall be exposed to physical or moral risk without proper and sufficient protection; (c) failing to care for and keep the control and custody of a child so that the child shall be liable to be supported and maintained at the expense of the public, or by child caring societies or private persons not legally chargeable with its or their care, custody and control.
~Neglect of a child shall consist in any of the following acts, by anyone having the custody or control of the childa) willfully failing to provide proper and sufficient food, clothing, maintenance, regular school education as required by law, medical attendance or surgical treatment, and a clean and proper home, or (b) failure to do or permit to be done any act necessary for the child's physical or moral well-being. Neglect also means the continued inappropriate placement of a child in an institution, as defined in section 1 of P.L.1974, c. 119 (C. 9:6-8.21), with the knowledge that the placement has resulted and may continue to result in harm to the child's mental or physical well-being.

9:6-8.14. VIOLATIONS INCLUDING FAILURE TO MAKE REPORT; DISORDERLY PERSON;

Any person knowingly violating the provisions of this act including the failure to report an act of child abuse having reasonable cause to believe that an act of child abuse has been committed, is a disorderly person.
[This information found on the State of N.J. Department of Children & Families website under NJ law]
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ScottGem's Avatar
ScottGem Posts: 58,586, Reputation: 28385
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#4

Jun 12, 2012, 03:15 PM


Quote:
Originally Posted by recover2day View Post
Statutes concerning child abuse can be found under Title 9. Children--Juvenile and Domestic Relations Courts. 9:6-1. ABUSE, ABANDONMENT, CRUELTY AND NEGLECT OF CHILD; .
First, Title 9 where? Laws vary by area!

Second, what is your point in posting this to a sticky note that was posted 3 years ago? I don't see anything in the cite, that contradicts what was in the sticky note.
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recover2day's Avatar
recover2day Posts: 3, Reputation: 1
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#5

Jun 12, 2012, 04:16 PM
Quote:
Originally Posted by ScottGem View Post
First, Title 9 where? Laws vary by area!

Second, what is your point in posting this to a sticky note that was posted 3 years ago? I don't see anything in the cite, that contradicts what was in the sticky note.
Sorry! I edited the post to indicate the state it refers to.
And the reason?...just helping a friend get her facts straight.
Laws are different in each state, I apologize again for not making that clear the first time - Thanks!
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ScottGem's Avatar
ScottGem Posts: 58,586, Reputation: 28385
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#6

Jun 12, 2012, 04:34 PM


Thank you for adding that info. I will comment that the NJ law does not contradict the advice given in this sticky. While NJ has defined what it considers abandonment of a child, it doesn't change the point that abandonment is used as a means to another end. I.E. getting or modifying a custody order, for example.

So a poster needs to identify what is the end result they want not ask whether they can or how to file for abandonment. This is what we can help with.
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