Parental abandonment can have profound and lasting effects on a child’s emotional and psychological well-being. When a parent fails to fulfill their legal and moral obligations, it can significantly impact child custody and visitation arrangements. This article explores the legal implications of parental abandonment. If you have questions, we are here and would be pleased to get them answered for you.
Abandoning the Child
Before abandonment will affect child custody, the parent that remains at the home will need to file charges of abandonment of the marriage, home or with just the child. This generally occurs when one spouse leaves the property without consent or communicating the problem. This person does not normally keep in contact unless it is to file for divorce or for some emergency reason. Then, the spouse that remains may have to wait up to one year or more to contact a lawyer and petition the courts for divorce on the grounds of abandonment. Then, the situation could lead to a loss of parental rights at the next stage.
Terminating the Parent’s Rights to Custody
When a parent is part of child abandonment through leaving the home when still married or when in a unique custody arrangement, he or she could lose all parental rights to custody. This type of situation can limit or eliminate the person’s rights to remain or attain custody of the child in any capacity. Before leaving the home, abandoning the child or spouse, he or she should consider what the decision could lead to in the end. While some situations involving abandonment may not lead to charges for this action, some can and will conclude with a loss of custody and certain visitation rights.
Differences in Custody
In many states, there is a separation of custody types from legal to physical. The legal provides the ability to make decisions with the life of the child and can include matters of religion, education and similar matters. The physical custody is having the child in the physical residence and where this residence is. Some parents will share these two while many will retain sole custody and have both legal and physical rights. If a parent abandons the child, he or she could lose one or both of these rights and could also have visitation hampered in some manner.
Filing for Sole Custody
If the spouse that remains at home charges the other with abandonment, he or she may have a greater chance of acquiring full or sole custody of the child that also remains. This may depend on the state and the specific circumstances. If the parent is the one that took the child away from a military household and abandoned the other spouse while he or she was out on deployment or someone that remains in the hospital in a coma, this can provide the judge with a reason to disregard the request or award the other parent with primary or sole custody. However, if the parent that leaves also abandons the child, he or she may suffer the consequences.
The Serious Effects of Abandonment
While standard abandonment can lead to a possible divorce on these grounds, child abandonment can lead to a loss of parental rights. The judge may use these grounds to consider the conflict between spouses as an advantage for the spouse that remained with the children to the benefit of that parent. The person that abandoned the family appears to have little regard for remaining a parent and may want to revoke the rights to full custody. Even with divorce becoming messy and complicated, the abandonment can help the judge determine that the other spouse should become the custodial parent with this serious factor added to the mix.
Custody Rights
The full custody awarded to one parent may depend on the custody rights granted by the laws in the state or through a court order. The petition for divorce generally includes what the parent wants to accomplish. If one abandoned the marriage, the other may file the petition for full custody and all the rights that go along with it. This uncomplicates the matter when the judge considers the abandonment seriously.
Legal Support for Abandonment and Child Custody
When one parent abandons the marriage and leaves the child behind, it is important to hire a lawyer early to charge the spouse with child abandonment. This can assist the remaining parent with seeking full and sole custody of the youth and increasing the chances of a favorable outlook.
Need legal advice on a child custody matter involving parental abandonment? Our experienced Florida family law attorneys can help you protect your rights and the best interests of your child. Contact us today at 954-888-8170, or email [email protected]. We can also be found on Instagram here.
Reference: [https://www.hg.org/legal-articles/abandonment-and-the-effect-on-child-custody-51669]