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    rakootz79's Avatar
    rakootz79 Posts: 1, Reputation: 1
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    #1

    May 13, 2009, 06:09 AM
    When can I file abandonment
    My sister has decided to go away and leave me with her 2 daufghters. She receives child support but has taken that with her. I live in Texas and want to file child abandonment, But she will go to their school to bring them lunch. This shows she has seen the childred. I am very confused. How long do I have to wait to file child abandonment and what are the circumstances that must be met?
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #2

    May 13, 2009, 06:18 AM

    Abandonment is not something you file. You file for custody and support. Abandonment is the grounds.

    You can file anytime you want.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    May 13, 2009, 07:15 AM

    Depending on where you live, you MAY be able to file for abandonment. A small number of states call it abandonment when a parent fails to provide support for their child. Basically such statutes are used to go after parents who don't pay their chiuld support.

    So its probably unlikely that this is something you can do. The real issue here is you need to have legal control over the children. You need to be able to sign for a doctor's care etc. If your sister just dumped them on you, you don't have that.

    Now, you are in a tenuous situation. Since there is a father paying support, he actually has first crack at custody. If you try to get custody, he will have to be involved. If he decides he wants custody, the courts may grant it to him.

    You really should hire an attorney to help you deal with this. The first thing is to get legal guardianship so you can sign of on medical treatment etc. Then see where you go from there.
    fedup_parent's Avatar
    fedup_parent Posts: 2, Reputation: -1
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    #4

    May 15, 2009, 08:43 AM
    Abandonment laws are pretty much the same no matter where you go, but it seems your sister has done her homework, she brings them lunch to say she has seen them and therefore has not tech. abandond the children in question. If you wish to support the children I would suggest to go to the court house in your county and get custody.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    May 15, 2009, 01:27 PM
    Quote Originally Posted by fedup_parent View Post
    Abandonment laws are pretty much the same no matter where you go, but it seems your sister has done her homework, she brings them lunch to say she has seen them and therefore has not tech. abandond the children in question. If you wish to support the children i would suggest to go to the court house in your county and get custody.
    Abandonment LAWS are pretty much the same. They are a criminal charge that occurs when a child is left without ANY adult supervision.

    Abandonment where a parent no longer provides care and support for a child who lives with someone else is generally NOT a LAW. Instead, abandonment may be used as grounds to achieve something else, like changes in custody, visitation or termination of rights.

    For a non parent to gain legal control over children left in their care, guardianship is the better tactic. A change in custody usually requires parental approval.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    May 15, 2009, 02:16 PM
    Quote Originally Posted by fedup_parent View Post
    Abandonment laws are pretty much the same no matter where you go, but it seems your sister has done her homework, she brings them lunch to say she has seen them and therefore has not tech. abandond the children in question. If you wish to support the children i would suggest to go to the court house in your county and get custody.

    We take pride in our answers here. Please post the source of this information, which information is incorrect to the best of my knowledge.
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