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    indhelp's Avatar
    indhelp Posts: 6, Reputation: 1
    New Member
     
    #1

    Sep 6, 2007, 12:41 PM
    Abandament
    My husband and I are going through a divorce. He is trying to tell me that he will not give me joint custody of our children. Due to the reason that he says that I abanded them. I left them with a well trusted friend. He was returning home the next day. He knew that I was leaving, so did my family and friends. He also told me that if I don't sign over custody that he was going to have me thrown in jail cause of the abandament. What should I do. Does anyone know the laws of Virginia on abandament? Please I need help.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Sep 6, 2007, 12:47 PM
    Get a lawyer. If you walked out on the marriage without taking the kids, then you did abandon them. However, that is grounds for divorce its not a criminal action unless you just left them alone. Since you left them in the care of a responsible adult you have no criminal liability and he's blowing smoke about jail.

    However, since you voluntarily left without the kids, then you may have a hard time getting custody. At best I would suspect he can make a good case for physical custody.
    indhelp's Avatar
    indhelp Posts: 6, Reputation: 1
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    #3

    Sep 6, 2007, 08:57 PM
    Quote Originally Posted by indhelp
    My husband and i are going through a divorce. He is trying to tell me that he will not give me joint custody of our children. Due to the reason that he says that i abanded them. I left them with a well trusted friend. He was returning home the next day. He knew that i was leaving, so did my family and friends. He also told me that if i dont sign over custody that he was going to have me thrown in jail cause of the abandament. What should i do. Does anyone know the laws of Virginia on abandament? Please i need help.
    Thank you for the advice. I did take it and got a lawyer. And I did not abandon them.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Sep 6, 2007, 08:59 PM
    Husbands and wife's, lie, cheat and say many threats during divorce and child custody fights, expect all sorts of other stupid things to be said as this goes on.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Sep 7, 2007, 05:30 AM
    Quote Originally Posted by indhelp
    And i did not abandon them.
    You left your home and walked out. Technically that might be considered abandonment depending on the court you appear before.

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