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If a custodial parent with joint custody moves and leaves…

If a custodial parent with...
If a custodial parent with joint custody moves and leaves the child with her parents (the child sees this parent once...maybe twice in a 2 week period), can that be considered abandonment? This has been ongoing for probably 2 years.
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Answered in 9 minutes by:
12/29/2017
TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12,805
Experience: JD, MBA
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Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

I don't think that any court would consider a parent to have abandoned a child if he/she sees that child once or twice a week. Abandonment would occur if the parent stops seeing the child entirely. However, the non-custodial parent would certainly have an argument that the child is better off with him/her than with the grandparents. Accordingly, there would be a reasonable basis for a custody change.

Does that answer your question(s)? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

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Customer reply replied 7 months ago
Would a judge, in your opinion, grant emergency temporary custody to the non custodial until case settled?

Hi again.

The judge would not likely grant emergency temporary custody unless the non-custodial parent can show that there is a very real possibility of harm to the child. If there is no potential for harm, then there is no emergency, and the custody case would continue in the ordinary course with the status quo until the non-custodial parent proves that the child is best off with him/her having primary custody.

I hope that helps. Please let me know if you need further clarification, and please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12,805
Experience: JD, MBA
Verified
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