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    ladylavender1's Avatar
    ladylavender1 Posts: 4, Reputation: 2
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    #1

    Mar 26, 2009, 10:57 AM
    My children need their mother
    My ex and I have joint custody, the children have always lived with me. I relocated and did not want the kids to change schools midterm so asked my ex if he would keep them until school was out. When the children moved in with him I provided dishes, bedding, and other essentials. My ex has always known my address, I have called several times a week, and had the children for weekends and holidays. He now says he can charge me with abandonment and get full custody. He says he has filed papers to this effect, but I have never received anything. I live in Arkansas. He can't do this can he?
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #2

    Mar 26, 2009, 11:00 AM

    Charging you with abandonment is a scare tactic. However, since he is currently the custodial parent, courts are hesitant to change that. So if he is filing for primary custody, there is a good chance that since he already has it, he will keep at least joint custody.

    Sorry.

    I would recommend getting a good lawyer.
    ladylavender1's Avatar
    ladylavender1 Posts: 4, Reputation: 2
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    #3

    Mar 26, 2009, 11:10 AM
    Thank you
    artlady's Avatar
    artlady Posts: 4,208, Reputation: 1477
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    #4

    Mar 26, 2009, 11:11 AM

    I am not a legal expert but much of the criteria for abandonment is not having contact with the child over an extended period and not giving any financial aid.

    It also would be considered abandonment if you left the child without a primary caregiver ,which clearly you did not.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Mar 26, 2009, 11:14 AM

    If he is saying abandoment, he has most likely not really talked to an attorney, but he has a good position to ask for a change in custody if he wished.

    You would be served papers if he was gong to court
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