How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask FamilyAttorney Your Own Question
FamilyAttorney
FamilyAttorney, Lawyer
Category: Family Law
Satisfied Customers: 674
Experience:  Owner, attorney in private practice, licensed for 36 years as a trial and appellate attorney
89910983
Type Your Family Law Question Here...
FamilyAttorney is online now
A new question is answered every 9 seconds

In the state of California, if I 't have custody of my

Customer Question

In the state of California, if I don't have custody of my children and I leave the state for a month, can my spouse say that I abandoned the children?
Submitted: 4 months ago.
Category: Family Law
Expert:  FamilyAttorney replied 4 months ago.

Hello. I’m a family lawyer and appellate attorney with 36 years’ experience. I look forward to helping you today.

Please note:This is general information for educational purposes and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. You are advised to retain your own attorney.

At the end of this discussion I'm going to ask you to please rate me as that's the only way I get credit for my time here today. Are you okay with rating me? Thank you!

I'll be back in a few minutes after I type my answer. Thanks!

In Cal, abandonment by a noncustodial parent would have to be for one year, as follows:

One parent has left the child in the care and custody of the other parent for a period of one year without any provision for the child's support, or without communication from the parent, with the intent on the part of the parent to abandon the child.

I don't know if you're going to tell the other parent that you're out of the state for a month, but it might be a good idea to so she doesn't think you fell off the face of the earth. Make sure you correspond with your children so that they know you still care about them even though you're not in the state. It's important to do so at least a few times a week.

Your spouse cannot say that you abandoned the children if you leave for one month and are in contact with them. I understand how this can be troublesome, but first it's not under the criminal statute -- it would be under the family law statute. One month is not abandonment.

Does this answer your question?

Expert:  FamilyAttorney replied 4 months ago.

Please let me know if you need any more information, such as where to find an attorney in your area, or anything else related to this question. Id' rather be rated positively and if I didn't answer all of your questions, I'd like to have a chance to make sure that I do. Thanks in advance for rating me. If you need more information, let me know as I’m happy to give it.

I hope this helps and clarifies. If you could, I'd appreciate it if you can rate me when finished. Kindly rate me positively so that I can get credit. It is no additional charge to you.

Please accept my answer, rate my answer as one of the top three faces/stars and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. I thank you in advance for rating me. Please let me know if there is more that I can do to answer your question and if you need more information. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating. Thank you and best of luck to you!

We are not employees of Just Answer but are independent contractors, so your rating is very important to us so that we can be reimbursed for our work. Thank you!

You are also welcome to come back to this room free of charge to ask me a follow-up to this question at any time. Be well!

Expert:  FamilyAttorney replied 4 months ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you. Thanks and thank you for allowing me to help you.

Customer/p>

Related Family Law Questions