What constitutes child abandonment? - Child Custody Law Questions and Answers- LawQA.com

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What constitutes child abandonment?

What constitutes child abandonment? How do you prove abandonment charges against a mother?

Answer By John Kirchner
John E. Kirchner, Attorney at Law
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The legal answer depends on what context it is being asked and what you expect to accomplish by making the allegation. Otherwise, the dictionary definition should be sufficient. You prove it by presenting evidence of the facts that you believe show abandonment.

Answer Applies to: Colorado
Replied: 5/12/2011

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
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Abandonment is the leaving of a child without the intention to return. That latter part is the crux of the allegation and difficult to prove. It is really a matter of fact, either a person has abandoned "with the expressed intent not to return" or "without expressing an intent to return". For the purposes of child custody, it is pretty much a prove what you can. If you are seeking termination, that is different. Proof is a little more exact, you need a witness or two to testify she left, has not contacted or attempted to contact the child, that she knew the whereabouts of the child (this is not a act attributable to you, which is to say it is not abandonment if you are hiding the child) and you have to prove the time frame. Termination based on abandonment must meet a time standard. The time for abandonment if she left and "expressed" an intent not to not return is shorter than leaving and saying nothing which is shorter than leaving and saying she would be back but not coming back.

Answer Applies to: Texas
Replied: 5/9/2011

Beresford Booth PLLC
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In Washington State, in a divorce setting, the Court will consider the best interests of the child when establishing a parenting plan.

Answer Applies to: Washington
Replied: 5/9/2011

Answer By Patrick Curry
Law Office of Curry & Westgate
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The facts of the each case are different. So if she has been gone for a long time without contact, that is the starting point.

Answer Applies to: California
Replied: 5/9/2011

Answer By Maury Beaulier
Beaulier Law Office
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There is no such thing as an action for abandonment under Minnesota law per se. If, however, a parent has had no contact with a child and/or provided no financial support for a child over a term of years, abandonment may be used as a basis to seek a termination of parental rights for that parent.

Answer Applies to: Minnesota
Replied: 5/7/2011

Cody and Gonillo, LLP
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Substantial & ongoing lack of care over a period of time.

Answer Applies to: Connecticut
Replied: 5/7/2011

The Davies Law Firm, P.A.
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You need to talk this over with a lawyer. It sounds like someone may have abandoned a child, and you need to know this. Call me, we will talk this over.

Answer Applies to: New Jersey
Replied: 5/7/2011

Answer By Joseph A. Katz
Law Office of Joseph A. Katz
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For starters, one year without contact.

Answer Applies to: California
Replied: 5/6/2011

Michael Anthony Wing, P.C.
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I don't have the actual legal standard available, but generally, acts that reflect a conscious decision to leave the child in circumstances that indicate neglect or an absence of providing care for the child without extenuating circumstances. Stay well. .

Answer Applies to: Alabama
Replied: 5/6/2011

Answer By Paul Zahn
Law Office of L. Paul Zahn
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No contact and not financially supporting the child.

Answer Applies to: California
Replied: 5/6/2011

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