[heatherkahl]

My husband walked out an abandoned his family a week ago with no warning. No one was home. I come home to him and his things gone. We have a 2 yr old together. I have no way to get a hold of him. No phone # or anything. I spoke to him briefly before he changed #'s. What rights do I have over our daughter since he's no where to be found?

[Fr_Chuck]

Please take time and read the rules of our site. You posted in the forum help area and I moved it to the family law section.

So your husband left you, sorry for the pain.

I will assume?? He is the father of the child and he is listed on the birth certificate.

If so, you now file for divorce and you also file for custody of the child and for child support

[bizygurl]

Im so sorry to hear that. What a horrible situation.

Well he abadoned the family that includes your two year old daughter. Im no lawyer here but I'm wondering if that includes child abandonment(again not a lawyer) you would have to check with your state laws on that subject. I would imagine a court would grant you immediate full custody of her. AND as Fr Chuck put it.. you can file for child support, and given the fact that he abadoned you with your little girl they would grant that to you.

Defenitly check with a lawyer on what the laws are.

[Fr_Chuck]

Really abandoment as far as laws go, is more leaving a child at the mall and walking offf and the such.

In cases like this it is used as a "cause" for a divoce, but most states don't require that, and it can be used to prove why the mother should have custody.

Not sure where they are at, but seldom is there "immediate" anything, but they will set a court date. Remember the child's father has no real legal obligation till you get that child support order in place.

[stinawords]

You have the same rights to your daughter as you did before. What you need to do on Monday is file for divorce, custody, and support. You won't be heard by a judge on Monday but you can file and you will get a court date set up.

[ScottGem]

Yes you need to move quickly to protect your child and financial situation. I suspect, that you may find your husband has cleaned out your joint bank accounts. But you need to protect other assets if you have them. Monday morning I would be making an appointment with a divorce attorney.