On 10/26/09 my wife of 15 yrs.mother of 4 kids went missing.She was found sitting on the beach alone on 1/18/2010 at Miami Beach, Florida.

Where are the children?

Please pay more attention to posting guidelines. There is a Read First sticky in the Divorce forum (where this was moved from) that directs questions of a legal nature to this forum.

If you had gone to this forum, you might have noticed a Sticky Note on the issue of Child Abandonment. Had you read it you probably would have asked the question differently.

I'm going to assume here that she left the children with you. If that's the case then you can't file a child abandonment claim since one does not exist. Child abandonment is a criminal charge about leaving young children unattended. IF she did that, you could have filed such a criminal charge immediately.

In a few states, its called child abandonment when a non custodial parent doesn't support their children.
But I don't see any mention of a support order.

So you really need to define WHAT you want here. Do you want a divorce? If so, do you want full custody of your children? Do you want your ex to pay support?

You talk about her being "found" on the beach. Who found her and what was her condition? It sounds like she may have suffered a breakdown and needs mental care rather than criminal charges or a divorce.

Have you gotten a divorce lawyer yet? Are the kids with you? If so she hasn't abandoned them.

You can not file crimianl charges against her.

You may use this to file for a divorce, and use this as a reason to get custody of the children.

So I would assume after a few months you have already filed for divorce and legal custody of the children