Tuesday, June 2, 2009

Family Law Myth #10: Leaving without the children constitutes “abandonment.

There are many widely held misconceptions in the general public about family law matters. To dismantle these commonly held myths, I have created the "Top Ten Common Myths in Family Law."

I will be sending these out individually, but the entire list is available here:
http://www.nataliegregg.com/top-ten-myths-in-family-law/index.html

Myth #10:
If you left the house due to domestic violence or other intolerable behavior without the children, that constitutes “abandonment.”


Victims of domestic violence who flee in the night with only the clothes on their back and “leave” their three kids at home have not abandoned their family. Abandonment is a cause of action and a basis for termination that requires: a) failure to support children for six months or more; or, b) living apart for two years or more.

Temporarily fleeing with the intent and follow-through of getting the children to safety is not abandonment.

However, please be careful and note the risks of leaving without your children. If you choose to leave your children with an abusive spouse, this act undermines any argument later that the abuser should have supervised access or be denied access altogether. Also, leaving in such a manner means that your children are left in a dangerous living environment and no longer have you to defend them. If you and your children are at risk from an abuser, you should consider calling 9-1-1 to secure immediate physical protection and then seek legal representation to secure a protective order.

To read about the other commonly held myths related to family law, click here.

No comments:

Post a Comment