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    jnowlin's Avatar
    jnowlin Posts: 7, Reputation: 1
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    #1

    Dec 17, 2008, 09:25 AM
    How to petition the court
    My ex husband has not seen our children in almost 3 months. When is it considered abandonment?
    jnowlin's Avatar
    jnowlin Posts: 7, Reputation: 1
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    #2

    Dec 17, 2008, 09:40 AM
    How to petition the court
    My ex husband has not seen his kids in three months. He has been out of the country. His house if for sale and he has sold everything in it. I am stuck living in this town because of a court order, and my ex plans to keep a place here to keep me here. I have no family here and no support. Is there a way to petition the court so that I can get the order lifted to allow me to move closer to my family?
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #3

    Dec 17, 2008, 10:44 AM

    When he leaves them unattended. Non-contact is not abandonment.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Dec 17, 2008, 10:50 AM

    No, are you wanting to use this as grounds for divorce?

    You can not force him to visit the child, but need to follow up with child support enforcement to be sure he pays his court ordered child support
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Dec 17, 2008, 10:58 AM

    I would get an attorney, you need to modify your original custody order.
    antoinette1969's Avatar
    antoinette1969 Posts: 10, Reputation: 1
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    #6

    Dec 17, 2008, 05:02 PM
    Quote Originally Posted by jnowlin View Post
    My ex husband has not seen our children in almost 3 months. When is it considered abandonment?
    I'm in the exact opposite situation, but abandonment laws apply when a child is left alone or unattended.
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    antoinette1969 Posts: 10, Reputation: 1
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    #7

    Dec 17, 2008, 05:19 PM
    You can petition the court, but you would need to fill out the paperwork yourself if you don't have an attorney. By the way, the court clerk's are not allowed to give legal advice so it won't help asking them. I found that out the hard way.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Dec 17, 2008, 05:31 PM
    Quote Originally Posted by jnowlin View Post
    My ex husband has not seen his kids in three months. He has been out of the country. His house if for sale and he has sold everything in it. I am stuck living in this town because of a court order, and my ex plans to keep a place here to keep me here. I have no family here and no support. Is there a way to petition the court so that I can get the order lifted to allow me to move closer to my family?


    Please post your question once - should be combined.

    To change the Order go back to Court and file for a change in the Court Order. Take your evidence/proof with you to the hearing so the Judge does not see this as a ploy to move the children from where their father lives.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Dec 19, 2008, 07:24 AM

    This should be combined with your other thread concerning moving your children out of the area. Same basic question.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Dec 21, 2008, 06:57 AM

    I've combined the two threads. If you have any follow-up, please use the Answer This Question options.

    Abandonment is a criminal charge that results is a child is left without any supervision. Abandonment MAY be used as grounds to achieve something else, like a divorce or termination of rights. But that is much harder to get a court to agree to.

    For us to help further, you need to give us more info. What court order are you referring to? Have you obtained a divorce? Can you prove that your ex is maintaining an address just to force you to adhere to the court order? Have you gone back to court for midification of the orders. Dio you have an attorney.

    That and any other info you think pertinant may help us help you.
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