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    lexi74's Avatar
    lexi74 Posts: 1, Reputation: 1
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    #1

    Oct 4, 2010, 09:05 AM
    Mother left children 4 years ago, can father claim full custody based on abandonment?
    I want to know if anyone knows if in the state of California can you claim abandonment on a mother who left her children at the father's house 4 years ago? She dropped them off with all of their clothes, birth certificates, SSN cards and immunization records. Can he file for abandonment and get full custody of his children?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Oct 4, 2010, 10:04 AM

    Claiming abandonment and getting full custody are (sort of) different things. The father should go to Court - I'm surprised he didn't make his move some time ago to legalize the situation - and request to be named the custodial parent based on the mother leaving. She did not legally abandon the children because she made certain they were safe and taken care of.

    She can always argue that she wants to be the custodial parent but if it's been 4 years, I doubt she will and I also very much doubt her request would be granted. At least I sure hope so!

    Has she been paying support? If she has not, now is the time to ask for it.

    I don't like personal advice on the legal threads but it sounds like this father (and fathers get bashed all the time) stepped up and takes care of his responsibilities. I don't know what your relationship to him is - but you can be proud of him. Thank goodness for him or who knows where these kids would be.

    I wish you luck - let us know if you have other questions and/or how it works out.
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