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What is the Abandonment Law?

Abandonment is the act of surrendering one's 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, take a look at the questions below that have been answered by Experts.

In Idaho, how does a severely injured elderly person who was abandoned receive any legal help?

Case Details: The National Center on Elder abuse and the local Sheriff’s Department has been contacted with no help.

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/. One may also need the service of a local attorney to assist 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/

Can a person sue for patient abandonment if a pharmacist informed their psychiatrist that a patient accidentally took their child’s medication and the psychiatrist now refuses to treat him/her?

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.

What can one do if an ex-spouse moved out and stopped paying the mortgage on a home with the deed in both names and the other received a letter stating such?

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 it.

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 refinance 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 one parent file abandonment charges against the other if there is a court order in place that only allows the non-custodial parent to see the child once a month?

Case Details: Non-custodial parent 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.

Can a parent file abandonment against a non-custodial parent who lives out of state and is behind in child supper by six 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 this is the case and the non-custodial parent is this far behind on child support, you would have a chance at receiving sole custody. Also, the court might deny any further visitation with the child.

Abandonment is the act of releasing ownership or entitlement to something or someone. There are laws in place to protect victims. This can range from child abandonment to property abandonment, each having its own set of laws. To clarify your doubts, always speak with an Expert on abandonment law.

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