The Legal Measures You Should Take After Your Spouse Abandons You And Your Child

Law Blog

When irreconcilable disagreements arise between spouses, some agree to separate and prepare a co-parenting plan. However, some parents move out without notice, leaving their partners with the burden of caring for the kids. When this happens, you should consider filing charges for abandonment of the marriage, home, or kids. In addition, you should hire a  family law attorney to provide a valid argument surrounding abandonment. They will also represent you through the following legal procedures.

Filing Abandonment Charges

You may want to take advantage of your partner's abandonment to get full custodianship of your kids. Your first step in achieving this is filing abandonment charges against your partner. An attorney dealing with child custody cases can prepare and file the claim for you. They will then represent you in your case to convince the judge to allow you to live with the children. They will argue that the person that abandoned the family has little regard for remaining a parent. Therefore, they will ask the judge to grant you full custodianship and only allow your partner to visit your children at specified times.

Filing for Sole Custody

The judge can award you full or sole custody, depending on your case's state laws and circumstances. In addition, the jury will allow your partner to defend themselves before delivering a judgment. They could have a genuine reason for abandonment, and the judge might not want to punish them if they didn't make a mistake. For instance, they might be suffering from a health condition that requires them to spend weeks or months in hospital. In this case, they might have a genuine reason for not living with you, and the judge may disregard your request to award you primary or sole custody. However, if they don't have a genuine reason for abandoning you and your kids, your legal advisor will ask the court to make you the sole custodian of your children.

Terminating the Parent's Right to Custody

Finally, your legal advisor will ask the court to terminate your partner's right to custody. They will argue that leaving home while still married or in a custody arrangement was irresponsible. In addition, they will tell the court that your spouse should have considered how their decision will affect the family. These arguments might make the judge limit or eliminate your partner's right to remain or attain child custody in any capacity.

When your partner abandons your marriage and leaves the children behind, you should consider charging them with abandonment. A family law attorney can guide you through the legal process to enable you to get full or sole custody. 


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