Ask Experts Questions for FREE Help !
Ask
    Dbselman's Avatar
    Dbselman Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Mar 4, 2014, 10:24 PM
    Abandonment of children
    My daughter needs to leave the state of Colorado to relocate with her job. She is separated from her husband and right now her husband has care of their 2 children because of her medical needs. He will not release her to leave the state saying this would be abandonment. He will not sign any papers of a plan for custody. Would this be abandonment if she left the state?
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
    Ultra Member
    		  
    #2

    Mar 4, 2014, 10:29 PM
    Quick answer simple no. This is not abandonment. She isn't trying to take the kids away from him. That is generally when a problem comes up is when one parent is wanting to leave and take the children... that isn't the case here. He doesn't have to sign anything to allow her to move.

    Now, if she actually has custody through the court and the kids are with him because of her health and that hasn't gone through court yet then he can go to court to get custody. He could do that even if she didn't move. Her visitation would obviously have to be changed if she is farther away but again she doesn't need permission.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Mar 5, 2014, 05:43 AM
    Quote Originally Posted by Dbselman View Post
    He will not release her to leave the state saying this would be abandonment. He will not sign any papers of a plan for custody.
    What does he have to release? She is free to move anywhere she wants. The problem would occur if she was taking the children with her.

    As to him not signing custody papers, has the court approved a custody plan? What I suggest your daughter does is get a letter from her employer about the relocation. File that letter with the court and request the court order a visitation schedule. Ask the court to order the father to not block her ability to contact the children (by phone, Skype, etc.).

    The father can claim abandonment, but I doubt if the court will agree as long as she continues to maintain contact and work towards getting the children with her for vacations, holidays, etc. But she needs to show the court that is her intention.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Abandonment Of Children In NY. [ 4 Answers ]

Hello my kids have not seen, heard, or had any support from their father in a year and a half. Can I file to revoke his rights? He was abusive to the kids, and I left him. I do have proof of this also.

Abandonment of children [ 1 Answers ]

I have four children. The father of my youngest two is trying to get custody. He says I abandoned my children. The facts are I have them living with my mother four days aweek for one month while I move from one town to another. I am going to school and working in the new town. I see my kids every...

Abandonment from me and my children [ 1 Answers ]

My husband left my children and I on Monday. I want to know what I need to do. I have not seen or heard from him at all. We were planning on separating anyway. I went to get a weekend by myself on Saturday and was back on Sunday. I want a place of my own and then I was going to file for divorce. He...

Abandonment of children? [ 3 Answers ]

I have a brother who had been married for 13 years. Then his wife left them for other man. She left my brother and the children 13,12, and 5years old. Nine months later, she seeks her right to see her children. Does she really have the right to do so? And one more thing, when they were married,...

View more questions Search