Question----is There A Specific Time Frame That A Parent Can Be Outside Of The Home With Minimal Contact? Also What Are The Outlining Facts That State Abandoment Of The Parent?
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Question----is There A Specific Time Frame That A Parent Can Be Outside Of The Home With Minimal Contact? Also What Are The Outlining Facts That State Abandoment Of The Parent?
What state are you in? I know in Missouri the time frame they have to go without seeing the child is dependent upon child's age. And another factor is if they have paid child support.
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Originally Posted by famlee
Florida---there is no legal action taken--its a matter of being walked out on!
Just Need To Know The Perimeters Of Abandoment And What Actually Consitutes The Law Behind These Allocations!!
Just Need To Know What State You Are In!!Quote:
Originally Posted by BADGUY
The legal definition of abandonment could vary in each state.
Before we answer this, what do you think qualifying for abandonment will get you? What are you looking for?
The state of Florida!!
Are the rights of the parent lost once abandoment has been established?
No. Termination of rights is a serious issue and rarely granted. If there is abandonment, then the parent is not exercising his rights, so what's the issue?
Again, please explain why you are asking.
The mother of walked out 30 days ago with minimal contact or should I say attempt to reach the children. There is no legal action in place of yet, what basis of securing the stablity of the children due I have? Also if there is possible felony charges that are in placed if pursed what avenue should I take. I feel there maybe a chance of her return due to an illness, so burning bridges is not an option.Quote:
Originally Posted by ScottGem
30 days is nothing. The only issue here is whether she left the children alone and unattended.
So you are the father? What is the legal custody situation?
Quote:
Originally Posted by ScottGem
The children were left alone on the couch the morning I returned home from work. And yes I am the father the of the youngest child, she is the custodial parent of the older child and is receiving support from the non-custodial parent. I have been the head of household since the older child was 13months after she came to her senses of leaving the child at 10months with her parents. Yes this is the second time she has "abandoned" this child. The non-custodial parent has a clear understanding of the structure of the household, and would very reluctant to break up these two children.
You still haven't answered the question of what are you trying to accomplish here? If you want to gain custody, then report it to Family Services and petition for a change of custody.
Do I have a stance? And what basis? How do I go about proving these allocations? I need to protect them in case she tries to come get them when they are vunerable to me, such as pulling them out of school? The result is up in arms, I just need to know if there is a possible way of securing them with out a custody battle as of now? Maybe a injuction or trespass?Quote:
Originally Posted by ScottGem
If you want us to help you you have to answer our questions. There is no way for us to predict what a judge will do. Also we don't know all the facts. But leaving very young children unsupervised for a period is neglect and reckless endangerment. As to what a court will do, get a lawyer.
What questions have I not been answering? I write for answers on advice and direction, in which I have received none of!! Do I have to report this law enforcemnt or some other dept? Please I'm spinning in circles here!!Quote:
Originally Posted by ScottGem
I've asked you several times what you are trying to accomplish here. Are you looking to gain custody for yourself or what? You have danced around it but never answered.
As for the advice you have been given, its been good advice, but without some concrete info and goals, its hard to help you.
As Scott says we can't say what a Judge will do or if its worth your time and trouble to fight. Its more of a personal choice; if you feel it is then always fight. If not keep going as you are.
I say, given what you have said in regards to the mother leaving the children alone... Report it every time. If you get no actions, keep reporting it until you can get into court and have a judge hear the case. Get it on record that you are coming home to the children alone. Maybe take them to a DR to have them checked out if you think they are hurt.
Go to a attorney and get a case started. Request full custody of your child. The father of the older child will have to fight for custody of his child. Maybe you and the father of the older child would fight together. He could agree that you were to have physical custody of his child for right now. I'm not sure how that would work but the two of you fighting together would be better that just you fighting for one child.
Talk to an attorney -- ASAP. Most will talk to you the first time for free so you have nothing to loose. They will be better at telling you about the local Judges and what to expect in court, and what kind of proof you will need. Most likely they will file for a pendente lite hearing to figure out custody until trial.
I'm not sure what else there is to say. Just get to an attorney.
I am not looking to burn her, she is ill, I need to secure the children if something were to take place---talking to an attorney does not stop her actions. Are there lawful issuses to pursue here? I understand the latter portions to follow, but reaching for an result this early does not make sense.Quote:
Originally Posted by cjonline
The only Lawful issue that I can see is to get custody. If you don't there is on way to stop her from leaving with the children or picking them up at school, etc. I didn't know she was sick but that is little excuse for you to say its all right for her to leave the children home alone. Before you start screaming at me that's now how you think; it is... by you not reporting or trying to take control of the situation it when it happens you are saying its OK for her to do it. 99% of the Judges out there will see it that way too, if you should end up in court and you bring it up.
What actions are you taking about... the only one I see you said is her going to school and removing them without you knowing. Why would you care if she did that unless you don't want her around the kids alone. You don't have the right to say she can't get the kids unless a Judge say she can't.
If she is sick and is worried about "forgetting" the kids and leaving them at home or a store, then maybe she would file papers with the court that says you can have full custody of your child and then you could take the papers to the school and they won't let her pull your child out. Even if its done for say 6mts or until clean bill of health or such.
Are you trying to do all this because she won't like it and will fight you? Is she in agreement? What other things have happened?
As cj said. Either you report her and have the children put into the foster care system or you try to get custody. For the latter you will need an attorney.
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