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

    Dec 30, 2009, 01:13 PM
    What is the legal definition of child abandonment in NC
    I had to leave my children with my family so I could raise money for some legal issues/costs. My soon to be ex husband immediately called DSS to report me for abandonment. Now they are pursuing abandonment charges against me. Even though I communicate with my children on a daily basis as well as still financially care for them. I need to know the legal definition of abandonment. Since I left town, I've kept regular communication with DSS as well about my children. So now I'm even more confused as how they can charge me with this. In the last week or two, my brother who has my children told me that DSS said if he allows me to see or communicate with my children anymore they will go to foster care an he will go to jail! I do not understand how this has happened?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Dec 30, 2009, 01:26 PM

    It makes no sense. What exactly are they saying about the charge against you ? Do you have a lawyer yet ? If not you need to get one ASAP.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Dec 30, 2009, 01:32 PM

    Child abandonment is a criminal charge that refers to leaving children alone without an adult's care. Since you left the children with family you cannot be charged with abandonment.

    In some states abandonment is applied when a non custodial parent does not support their children. But that also is not the case here, since you were the custodial parent.

    See: North Carolina Family Law Blog

    However, if the father pursues the issue of custody, he can claim that he has more right to the children then your family. He would have a case there. If you cannot maintain custody of the children, then custody would default to him first.

    What is DSS telling you? Do you have a case for child support against your ex? Who is pursuing abandonment charges?
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