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Three Legal Consequences Of Abandoning Your Family

3 February 2016 by Kenneth Pierce

The exact definition of family abandonment may differ by state, but they all involve deserting your family for a period. Apart from the effect this may have on your family, there are also legal consequences to worry about. Some of these legal consequences include:

It Makes It Difficult To Get Child Custody

The act of abandoning your family automatically gives your partner temporary custody of the children. This form of child custody, which is known in legal circles as de facto custody, isn't meant to be permanent (after all, nobody creates it), but it can easily turn to a permanent situation.

One reason is that the children become accustomed to living with the other parent while you are away. The parent also gets used to taking care of the children. The court may be reluctant to interfere with this stability without a concrete reason supporting an alternative arrangement.

It May Make A Ground For Divorce

If you live in a state that requires fault for divorce, your spouse may use abandonment as a ground for seeking the divorce. There are just a few things your partner needs to prove abandonment and use it successfully to divorce you. For example, he or she needs to prove that you cut off all forms of financial support while you were away. There may also be a waiting period, say a year or so, before the state can allow abandonment as a ground for divorce. Your state's laws dictate the specific requirements for using desertion as a ground for divorce.

It May Lead To Termination of Your Parental Rights

Abandonment is one of the most common causes of termination of parental rights. Parental rights enable you to make important decisions in a child's life and take certain actions on his or her behalf. They include the right to discipline the child, have physical custody, decide where he or she goes to school, and spend quality time with him or her.

If your spouse goes to court and files for the termination of your parental rights, they might be able to prove that you totally abandoned your family and did not have any contact for the duration of the abandonment. Once they are able to prove this, they may succeed with the application.

If you have been away from your family for a long time, consult a family lawyer to understand how it may legally affect your relationship with your spouse and kids. This is important because states have different rules on what constitutes abandonment, such as the duration of the waiting period. Click here for more information about family law.   

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