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-   -   Abandament (https://www.askmehelpdesk.com/showthread.php?t=126640)

  • Sep 6, 2007, 12:41 PM
    indhelp
    Abandament
    My husband and I are going through a divorce. He is trying to tell me that he will not give me joint custody of our children. Due to the reason that he says that I abanded them. I left them with a well trusted friend. He was returning home the next day. He knew that I was leaving, so did my family and friends. He also told me that if I don't sign over custody that he was going to have me thrown in jail cause of the abandament. What should I do. Does anyone know the laws of Virginia on abandament? Please I need help.
  • Sep 6, 2007, 12:47 PM
    ScottGem
    Get a lawyer. If you walked out on the marriage without taking the kids, then you did abandon them. However, that is grounds for divorce its not a criminal action unless you just left them alone. Since you left them in the care of a responsible adult you have no criminal liability and he's blowing smoke about jail.

    However, since you voluntarily left without the kids, then you may have a hard time getting custody. At best I would suspect he can make a good case for physical custody.
  • Sep 6, 2007, 08:57 PM
    indhelp
    Quote:

    Originally Posted by indhelp
    My husband and i are going through a divorce. He is trying to tell me that he will not give me joint custody of our children. Due to the reason that he says that i abanded them. I left them with a well trusted friend. He was returning home the next day. He knew that i was leaving, so did my family and friends. He also told me that if i dont sign over custody that he was going to have me thrown in jail cause of the abandament. What should i do. Does anyone know the laws of Virginia on abandament? Please i need help.

    Thank you for the advice. I did take it and got a lawyer. And I did not abandon them.
  • Sep 6, 2007, 08:59 PM
    Fr_Chuck
    Husbands and wife's, lie, cheat and say many threats during divorce and child custody fights, expect all sorts of other stupid things to be said as this goes on.
  • Sep 7, 2007, 05:30 AM
    ScottGem
    Quote:

    Originally Posted by indhelp
    And i did not abandon them.

    You left your home and walked out. Technically that might be considered abandonment depending on the court you appear before.

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