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Abandonment Law Questions

Abandonment is the act of surrendering ones rights, title, claim or possession with the intention of no longer claiming ownership or acquaintance. There are various forms of abandonment – child abandonment, abandonment of property, spousal abandonment, and marriage abandonment are just a few of them. Each form of abandonment has laws pertaining to it. To learn more about abandonment laws, take a look at the questions below that have been answered by Experts.

I am the victim of an elder abuse case of abandonment that resulted in severe injury to me. I contacted the national Center on Elder abuse and they advised me to contact my local Sheriff's Department, which I did. They told me that in Idaho, these situations are referred to as bad luck. Clearly Idaho will do nothing, so how do I get the federal government to enforce its own law?

The Idaho Adult Protective Services is an agency that defends the elderly against abuse. Here is the link for that office: http://www.idahoaging.com/

You may need the service of a local elder law attorney to assist you in any potential law suit. Here is a link for the Idaho Bar Association: http://isb.idaho.gov/ilf/ivlp/seeking_legal_assistance

As far as Federal government is concerned, you will need to contact the Idaho US Attorney's office. This office determines which cases will be prosecuted. The link to this office is here: http://www.justice.gov/usao/id/

My adopted children and I were seeing a psychiatrist. I accidentally took one of my children's meds when dispensing meds. I mentioned to my pharmacist that I had done this, and she reported it to the psychiatrist's office. My psychiatrist terminated our doctor/patient relationship immediately. I later called the psychiatrist in an emergency situation and he denied helping me with my issues. Can I sue him for patient abandonment?

Patient abandonment is a term used to identify the termination of a physician/patient relationship in a way that leaves the patient without necessary medical care. If a patient was to receive injuries due to the physician denying medical care, the legal liabilities increase greatly. You may be able to sue the psychiatrist for malpractice if you suffered injuries due to the abandonment from the doctor.

In order to prove malpractice, it would require another physician to state that there were injuries sustained due to the abandonment of your psychiatrist. The medical expert would have to state that, "Within a reasonable degree of medical certainty the patient was abandoned which caused them the damages of…" with details of the exact nature of damages explained.

In order to have an abandonment case, you will require the statement by another medical expert.

My ex-boyfriend moved out 2 years ago and stopped paying the mortgage on our townhouse. The deed is in both our names but the mortgage is in his name only. I just received a letter stating that he has abandoned the property. Is there any way to fix this?

Property abandonment is an act of a person who leaves the property with no intentions of returning to reclaim the property at a later date. The person alienates themselves from the property altogether.

You will need to get authorization from your ex-boyfriend before the mortgage lender will discuss the mortgage on the townhouse.

At this point, your options would be:
1- If you wish to keep the home, ask the mortgage lender to let you assume the mortgage (put your name on the mortgage) and you could continue making payments on the home.

2- Try to re-finance the home in your ex-boyfriend's name.

3- Let the house be foreclosed on. If your name isn't on the mortgage, there could be no legal action taken against you.

Can a mother file abandonment charges against a father if there is a court order in place that only allows the father to see the child once a month? He pays child support and makes every visit.

It doesn't appear that there would be a basis for such a charge. The father is complying with a court order and is current on the child support payments. This wouldn't be considered an abandonment issue. A court would have to order any changes in visitation and this usually doesn't happen if the parent in question is complying. The exception to this would be if both parents agreed to the change of visitation.

What is the criteria for abandonment in DC. What would I need to be establishing a valid case? I have sole custody as an unmarried parent with reasonable rights to visitation. The non-custodial parent lives out of state and is in the arrears by 6 figures.

In order to show cause for abandonment, the parent in question would have to go more than 1 year without any parental interest to the child. If the father hasn't had any interaction with the child for over 1 year and is this far behind on child support, you would have a chance at receiving sole custody. Also, the court might deny the father visitation with the child.

Abandonment is the act of releasing ownership or entitlement to something or someone. There are many forms of abandonment. There are also laws that protect those exposed to abandonment. Abandonment can range from child abandonment to property abandonment, each having its own set of laws which pertain to each situation. To clarify your doubts, you should always speak with an expert on abandonment law.

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Tina
Tina, Lawyer
Category: General
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Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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Tina
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Recent Abandonment Questions

  • I purchased 2 Bengal kittens for 700 dollars on Saturday,

    I purchased 2 Bengal kittens for 700 dollars on Saturday, November 23rd. After the money was transferred to the transport company they requested 1620 dollars more. They told us we needed extra vaccines and Control climate carrier. This money would be returned at the time of delivery, in cash. Now we are being charged with pet abandonment. What can we do? Is there any recourse for us to follow?
  • I have a 19 year old daughter who will not cooperate in my

    I have a 19 year old daughter who will not cooperate in my house, nor pay rent. She also just stuck me with a 20K loan for a car which the loan is in my name, I made her sign a promissory note to pay it and also refinance in her name in 1 years time. So, my questions are:
    1. Can I change the locks on my house and get her out that way without it coming back on me?
    2. Can I bring her to court to make her refinance the car in her name so I can get out from under it?
  • We just found out today, November 5, 2014, that our boat was

    We just found out today, November 5, 2014, that our boat was sold due to abandoment,
    by the owner of the mariner in April,2014. The boat was in a covered rental slip with electrical power, which we paid each month. When I visited the boat, it was at night, just to check on things. The boat was a Searay 290 originally costing $140,000. In November 2013, the owner sent us a certified letter which I assume was a notice of abandonment. We have never seen the letter because we were out of town, so it was returned with no service. The letter, along with a notice run in the newspaper were sent to Game and Inland Fisheries Department. With this information, they approved the change in ownership of the boat. The Marina could sell the boat and did.
    Just some facts:
    Two months before the owner of the mariner filed the notice, we paid him to clean the boat, so he knew it wasn't an abandoned boat.
    The owner has never notified us the boat was sold and allowed us to continue paying the rent and electricity bill.
    We also paid personal property in June 2014 and boat insurance in October 2014.
    Do we have any recourse? Can a marina that cleans your boat in September, declare your boat abandoned in November legally?
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