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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102522
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.

This depends - abandonment on kids? Divorce? What are you trying to do, and why?

Customer: replied 7 years ago.
I left my partner that I have been with for 7 years. we are not legally married he is threatening to charge me with abandonment on our children. I have seen them 3 times in the last week. I have bought diapers and things that they needed and payed some bills for the house they are staying in. Is there any plausibility to his claim of abandonment? I left him because of his abusive behavior towards me. He has never hurt the children in any way so I thought it would be ok for me to leave them in his care until I can get a home for us to stay in.
What state are you in?
Customer: replied 7 years ago.
arkansas benton county
How long have you been away from the children? Has he been taking care of them during that time?
Customer: replied 7 years ago.
i have been out of the house for 6 days. I have gone to see them 3 times. Yes he has been taking care of them.
No, he cannot claim abandonment! Abandonment, criminally if only if you've been gone for a long time, and the children have been in a state of abuse/neglect. This is not the case at all. Now, if he IS the father, he can ask for custody from the Court if he wants to.The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.

So if he might hold an upper hand if custody becomes a battle. But no, no abandonment - criminally or family law -wise.

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