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    lovingmommyof7's Avatar
    lovingmommyof7 Posts: 1, Reputation: 1
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    #1

    Mar 14, 2015, 10:34 PM
    Can I file abandonment charges?
    My sister dropped off my nephew to me on 12/31 and here it is 3/15. During that time she has taking him once for 2 days. She has not provided for him at all. I have to buy everything and she gets to collect his welfare money. She doesn't call to check on him but will write a comment saying that she loves him on my Facebook when I post pictures of him. The baby is 7 months old now. From the day he was born I have always been there supporting him because she lives on welfare and only gets $32 every 2 Weeks and can't afford everything he needs so my question is can I get her on abandonment charges?

    Please help I live in ny
    talaniman's Avatar
    talaniman Posts: 54,051, Reputation: 10852
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    #2

    Mar 15, 2015, 03:03 AM
    She left him in your good care so, NO abandonment charges do not apply. Where is she and what is she doing?

    You could get child protective services involved, or the welfare department, so instead of posting Facebook pictures you should be issuing threats for more of her money.

    I suspect a lot more to this story.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7691
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    #3

    Mar 15, 2015, 05:35 AM
    Agree, had she left him in the bathroom of Walmart, that is abandonment. But she left him well provided for.

    You can call social services, and CPS, and see about getting temp custody, of the child. As for as money, doubtful if she has any money to pay you child support.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #4

    Mar 15, 2015, 05:37 AM
    Why the leap right to 'getting her?' You want punishment and retaliation?
    Just tell her calmly that she either gives you the $32 each time,
    or she takes him back,
    or you call CPS and surrender the child to them.
    If that isn't what you want to do, and I suspect that you do care, then work out something with her. You have options; one is that she gives you guardianship through the court. Various definitions of that arrangement can be defined, especially regarding when and how quickly she can change her mind. You can apply for her assistance.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #5

    Mar 15, 2015, 06:00 AM
    What does "get her" mean to you? What is it you ultimately want here?

    As noted, she didn't legally abandon the child because she left the child in the care of a responsible adult. The only thing you might get her for is Welfare fraud if she is getting aid based on her having the child.

    On the other hand, you have no legal right to that child. You cannot legally authorize medical care since you are not a legal guardian.

    Before we advise further we need to know what you really want out of this.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Mar 15, 2015, 06:30 AM
    Quote Originally Posted by talaniman View Post
    ... so instead of posting Facebook pictures you should be issuing threats for more of her money.
    ...
    OP should be very careful with threats. It appears that the mother may be engaged in welfare fraud. OP could be accused of complicity in that crime, if she is not careful. In particular, she should do nothing to aid the mother to continue to get the welfare.

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