I have two babies, my husband and myself are not getting along at all. We are living in an apartment that is in my mom's name, :confused: if I leave with my children to go live with my mother will that be considered abandoment?

No. Legally, abandonment is leaving a child alone without a responsible caregiver.

However, that's not really what I think you want to know. I think you really want to understand what your parental rights will be if you leave. The answer to that really depends on how you handle moving out. If you just move out without making plans for the kids, then a judge will view that negatively, if you try to get custody and/or visitation.

I would recommend you consult an attorney before leaving. It may be that you can force your husband to leave. Or you can leave and immediately file for a legal separation agreement that includes custodial and visitation.

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Originally Posted by ScottGem

No. Legally, abandonment is leaving a child alone without a responsible caregiver.

However, that's not really what I think you want to know. I think you really want to understand what your parental rights will be if you leave. The answer to that really depends on how you handle moving out. If you just move out without making plans for the kids, then a judge will view that negatively, if you try to get custody and/or visitation.

I would recommend you consult an attorney before leaving. It may be that you can force your husband to leave. Or you can leave and immediately file for a legal separation agreement that includes custodial and visitation.

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Scott, I think she may be talking about abandoning the marriage, not the children.

And, yes, in some areas if you pick up and go you ARE abandoning the marriage, unless there is violence and you are doing so to protect yourself.

If you cannot afford an Attorney, try legal aid.

Of course, you can always make it very clear that you are going to spend some time with your mother to think things over - don't pack up everything you and the children own and take it with you. Hopefully a break will be good for both of you and you can think things through.

Just don't keep the children from your husband and be prepared for him to take you to Court -

Hi Judy, I moved this from the Children's forum which is why I assumed she was concerned about abandoning the kids. I also got the impression she was planning on going home to mother without the kids.

But the answer remains the same, she needs to consult an attorney to protect her rights.