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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29985
Experience:  Attorney with experience in family law.
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My husband left with no warning. He came home from work packed

Customer Question

My husband left with no warning. He came home from work packed his bag told be he had a flight and left. Would this be considered abandoning my daughter and I?
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No, I have just been trying to figure out what paper work I need to fIle for make sure he can't just show up and take my daughter.
JA: Please tell me everything you can about this issue so the Family Lawyer can help you best. Is there anything else the Family Lawyer should be aware of?
Customer: He has a history of Domestic violence and has spent the night in jail for it.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi, I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened. The exact requirements for a abandonment are different in every state. What state are you in? How long has it been since your husband left? Has he been giving you money for your daughter, called, or otherwise made contact since then?
Customer: replied 1 year ago.
It just happened last night. My daughter and I are in the state of Alaska, he said his flight was to Oklahoma abs that he wasn't coming back. All the money I have access to is in a joint account, and I'm not sure how long that will stay there.
Customer: replied 1 year ago.
I just want to know what I need to fIle so he can't just come in and take my daughter and what rights I have since he left with no warning.
Expert:  Lucy, Esq. replied 1 year ago.
Thank you. When there isn't a court order, the two of you have equal rights to your children. He can't take her away without your permission, but once he has possession of her, he also doesn't have to give her back. Abandonment requires a total cessation of contact and financial support for one year, so you're not there yet. But you would have the ability to file for divorce based on incompatibility and request a custody order that way.
Expert:  Lucy, Esq. replied 1 year ago.
A joint account means you both have access to it, so you can take out your share of the money before he drains and closes the account.
Customer: replied 1 year ago.
Would it be a reasonable request if I filed for a temporary custody order? He has a history of Domestic violence and it worries me for her safety.
Expert:  Lucy, Esq. replied 1 year ago.
Yes, that's absolutely reasonable. You have a right to protect your child.
Expert:  Lucy, Esq. replied 1 year ago.
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