What constitutes child abandonment? 13 Answers as of May 13, 2011

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

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John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
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: 5/13/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
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: 5/10/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
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: 5/10/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
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: 5/10/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
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: 5/9/2011
    Pisarra and Grist
    Pisarra and Grist | David T. Pisarra
    You need to file a Paternity action and secure your paternal rights and Custody and Visitation immediately. Also you can read my books, A MAN'S GUIDE TO CHILD CUSTODY and A MAN'S GUIDE TO DIVORCE STRATEGY, available online and as an E-Book on my website.
    Answer Applies to: California
    Replied: 5/9/2011
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