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roc954honda · Mar 15, 2009, 09:18 AM

Hello,

I have a three year old little boy and me and his mother have joint custody I have him for one month and then she has him only this month she still hasn't came to get him and its been a little over a week now when is it considered abandonment?

Fr_Chuck · Mar 15, 2009, 11:26 AM

What definition of the word are you wanting,

1. criminal, that is leaving them at the mall bathroom and walking away.

2. civil to be used to collect child support

3. civil to be used to modify the child custody agreement

And I am sure there are a few more.

First why has she not come, when you called her what did she say?

roc954honda · Mar 17, 2009, 09:01 AM

The 3rd one is the one that I am referring to last time we talked she knew she had to be hear on the 6th and she hasn't been answering ever since then.

Fr_Chuck · Mar 17, 2009, 11:42 AM

It is and well be the opinion of the judge, what you need to do is get your attorney and file.

ScottGem · Mar 17, 2009, 12:12 PM

Certainly a week or 2 is not enough. The laws vary from state to state, but I think 6 months would be minimum.

However, abandonment is not the issue here. The issue is the welfare of the child. Since you have joint legal custody, I'm not sure if anything needs to be done.

If your purpose is to get SOLE legal and physical custody, I doubt if a court would do that for a long time. If you want to get temporary sole custody so the mother will have to go to court to show why she should be allowed back in the child's life, then you can go to court right now to see if the judge will suspend the visitation and custody orders.

But abandonment is only a means to an end. The end being a change in custody.