My older brother has recently moved in with me and my husband and kids. He left his wife and one year old daughter who live in the same town. It has been less than a month and her mother is trying to have her file child abandonment on him. He has been to see her and has talked to her on the phone at least two to three times a week. Can she do this or what? I thought that to file abandonment charges it had to be at least one year with absolutely no contact physically or through the telephone... help me please...

Abandonment is about the most misunderstood, in most cases it is used for a reason for divorce so she can file for divorce using that as a reason.

But at this point it is a separation, not even a legal one since there is no separation agreement.