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-   -   How can we avoid an abandonment claim? (https://www.askmehelpdesk.com/showthread.php?t=155235)

  • Nov 23, 2007, 06:17 PM
    Letsgetitrightthistime
    How can we avoid an abandonment claim?
    A close family member of mine, herin named Debbi, is currently living in Kentucky. She is thirty-three, has three kids, is constantly involved with men that use drugs, and may or may not be using drugs herself. My family and I have convinced her to fly down to Florida where we live to stay with us for awhile. She is coming down here for the purpose of getting away from the man she is involved with and if she is doing drugs, to get her clean. Debbi's kids will be staying with their father, her ex-husband, and his wife while she is down here. He is a good guy, and we doubt he would try to claim abandonment to get full custody. He wants her to be a part of the kid's lives, but also wants her to be able to provide a good environment for them. Debbi worries that he may try to claim abandonment and in order to get her down here, we have to find a way to prevent him from claiming it if he tried. Is there a contract or agreement I can write up in order to prevent an abandonment claim? If so, what key points need to be made, who will need to witness the signing, and for how long can it be preventable?
  • Nov 24, 2007, 08:31 AM
    JudyKayTee
    Quote:

    Originally Posted by Letsgetitrightthistime
    A close family member of mine, herin named Debbi, is currently living in Kentucky. She is thirty-three, has three kids, is constantly involved with men that use drugs, and may or may not be using drugs herself. My family and I have convinced her to fly down to Florida where we live to stay with us for awhile. She is coming down here for the purpose of getting away from the man she is involved with and if she is doing drugs, to get her clean. Debbi's kids will be staying with their father, her ex-husband, and his wife while she is down here. He is a good guy, and we doubt he would try to claim abandonment to get full custody. he wants her to be a part of the kid's lives, but also wants her to be able to provide a good environment for them. Debbi worries that he may try to claim abandonment and in order to get her down here, we have to find a way to prevent him from claiming it if he tried. Is there a contract or agreement I can write up in order to prevent an abandonment claim? If so, what key points need to be made, who will need to witness the signing, and for how long can it be preventable?

    I would not fool around with this situation which will impact so many lives - go to an Attorney.
  • Nov 24, 2007, 10:57 AM
    Fr_Chuck
    If this man is a good man, not using drugs and wants the best for his children, pehaps the children need to be with him anyway ?


    But these things are fought out by attorneys and there is no way to stop him from claiming it, if he wishes to. But just her life style alone would or should be enough for him to get the kids anyway.

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