How can I prove that my ex is guilty of child abandonment?

Child abandonment rules are governed by state, federal and international law. For purposes of establishing child abandonment in a divorce case, you will likely be dealing with state law. Thus, you will need to examine the law in your state, or hire an attorney to do the research for you.

Child Abandonment Laws

States define child neglect and abandonment in the different ways. Neglect and abandonment may be used in differing ways within the law of different states. Here are some examples of child abandonment statutes:

• A person commits the crime of abandonment of a child when, being a parent,
  guardian or other person legally charged with the care or custody of a child less than 18 years old, he or she deserts such child in any place with intent wholly to abandon the child.
• Every parent of any child under the age of 14 years, and every person to whom any such child has been confided for nurture, or education, who deserts such child in any place whatever with intent to abandon it, is punishable by imprisonment in the state prison or in the county jail not exceeding one year or by fine not exceeding one thousand dollars or by both.

Getting Legal Help

If you are concerned about the welfare of your children in a divorce case, hiring an experienced family lawyer can help you better prepare to get the outcome you seek in court. It is possible that your ex will be eligible for some form of visitation, so it is essential to prepare a strategy for your custody case.