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Is it considered child abandonment or neglect when the custodial parent goes to jail?
Wiki User
∙ 16y ago
no. any minor children left in the home after or during a conviction become wards of the state. however every effort to find relatives/astranged parent who will take the minor child in until the parent returns will be immediate.
Wiki User
∙ 16y ago
Wiki User
∙ 13y agoIf they want to i guess i saw some kids visting there parents on tv
No they don't have to go to the jail to see their incarcerated parent.
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If your wife is moving to Louisiana from Florida and you are keeping your child can you get custody for abandonment and not pay child support?
I would check the local laws - In Minnesota, the custodial parent must have permission from the non- custodial parent to move out of state.
Can a non custodial parent gain custody because of the neglect of the childrens attendance in school?
Being charged with neglect means there has not yet been a final determination. If the custodial parent is found guilty of child neglect the court can terminate their custody. Child neglect is an element of child endangerment and is one of the factors a court considers to find a parent unfit. Unless the non-custodial parent has also been determined to be an unfit parent they would be the next choice to whom the court would award legal custody.The non-custodial parent should consult with an attorney who specializes in custody issues as soon as possible. The attorney can review the situation and explain the options and how to proceed.See related question.
How long is considered abandonment in Ohio?
In Ohio it is considered abandonment if a child is neglected or suffers physical or mental injury by a parent. It is also abandonment if a parent leaves their child for any period of time without any support, money, or communication.
How long does a parent have to be absent from a child's life before it is consider abononment in Indiana?
The state of Indiana recognizes child abandonment only in regard to children 12 months of age or younger. However the state does recognize neglect as a form of child abandonment. According to Indiana law, neglect occurs when a child's mental or physical state is "impaired or seriously endangered" because of a parent's or guardian's "inability, refusal, or neglect" to provide the child with supervision, shelter, food, medical attention or education. For children older than 12 months, it is the custodial parent's duty to file an immediate report with the Department of Child Services in Indiana or with a local law enforcement agency outlining the circumstances of neglect (in this case, child abandonment). From there, the case is investigated, pursued in court and based on the judge's findings, the parent who abandoned the child may have their parental rights involuntarily terminated. No specific period of time is indicated as to when this occurs but generally, anywhere from a period of 6 months to 1 year, if no extenuating circumstances apply are usually grounds for a finding of neglect via abandonment.
How long can a non custodial parent go without seeing a child before in considered abandonment in missouri?
Missouri's legal statutes do not specify a period of time when abandonment occurs, however most judges in that state concur that abandonment has occurred when the non-custodial parent has left the child and provided no means of support for the child for a period of six months. In those cases, the non-custodial parent may petition the court for termination of parental rights of the non-custodial parent. However, if the other parent contests the petition, then you are unlikely to prevail since the courts prefer that both parents are part of the child's life. The best course of action is probably to go through the normal process of filing a motion with the court to establish child support and visitation. Then you can receive support for your child and have scheduled visitation set up. If the parent has no interest in the child then he is unlikely to even use the visitation.
How long does the custodial parent have to be away with no contact for it to be considered child abandonment in the State of Arizona so the non custodial parent can file for sole custodial rights?
Abandonment of a child is defined in Arizona Revised Statute Section 8-201(1) as failing to supervise or support a child with the intent to allow that neglect to go on for an indefinite time. If this form of neglect continues for a period of six months the statute presumes the parent has abandoned the child. However courts will consider certain extenuating circumstances on the part of the parent accused of child abandonment before making a final determination. Consult an attorney specializing in family law for more information.
What is desertion or abandonment in a divorce where custodial parent asks non custodial parent to move back in?
There would be no desertion or abandonment since the parties are divorced.
Is it consider neglect if minor child is left with noncustodial parent for over a year with no contact from the custodial parent?
The definition and parameters of neglect and child abandonment (a form of neglect) vary from state to state and the circumstances surrounding an alleged incident of such are taken into consideration when determining whether or not an act of neglect took place. For instance, if the parent was hospitalized or incarcerated, it generally would not be considered willful abandonment. If the parent did it because they had no way to provide food, shelter, emotional and financial support for the child for that period of time, it may not be considered an act of neglect, depending on specifics. If they did it because they couldn't be bothered to care for their child and could provide no viable reason why it was done, it would be considered neglect/abandonment. Ultimately, it would be an issue decided in court.
Can a custodial parent let his 16 yr old live with his brother if he doesnt want him instead of the other parent who wants her son?
Until a change of custody order, the custodial parent has the decision power in the matter, however it can be considered child abandonment.
How can husband charge wife with abandonment if she leaves husband and child?
Abandonment Approximately 17 States and the District of Columbia include abandonment in their definition of abuse or neglect, generally as a type of neglect. Approximately 18 States, Guam, Puerto Rico, and the Virgin Islands provide definitions for abandonment that are separate from the definition of neglect. In general, it is considered abandonment of the child when the parent's identity or whereabouts are unknown, the child has been left by the parent in circumstances in which the child suffers serious harm, or the parent has failed to maintain contact with the child or to provide reasonable support for a specified period of time.
If your wife is moving to Louisiana from Florida and you are keeping your child can you get custody for abandonment and not pay child support?
I would check the local laws - In Minnesota, the custodial parent must have permission from the non- custodial parent to move out of state.
Is it custody kidnapping if parent refuses to return child or let other parent come for child?
If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.
Can a non custodial parent gain custody because of the neglect of the childrens attendance in school?
Being charged with neglect means there has not yet been a final determination. If the custodial parent is found guilty of child neglect the court can terminate their custody. Child neglect is an element of child endangerment and is one of the factors a court considers to find a parent unfit. Unless the non-custodial parent has also been determined to be an unfit parent they would be the next choice to whom the court would award legal custody.The non-custodial parent should consult with an attorney who specializes in custody issues as soon as possible. The attorney can review the situation and explain the options and how to proceed.See related question.
How long is considered abandonment in Ohio?
In Ohio it is considered abandonment if a child is neglected or suffers physical or mental injury by a parent. It is also abandonment if a parent leaves their child for any period of time without any support, money, or communication.
How long does a parent have to be absent from a child's life before it is consider abononment in Indiana?
The state of Indiana recognizes child abandonment only in regard to children 12 months of age or younger. However the state does recognize neglect as a form of child abandonment. According to Indiana law, neglect occurs when a child's mental or physical state is "impaired or seriously endangered" because of a parent's or guardian's "inability, refusal, or neglect" to provide the child with supervision, shelter, food, medical attention or education. For children older than 12 months, it is the custodial parent's duty to file an immediate report with the Department of Child Services in Indiana or with a local law enforcement agency outlining the circumstances of neglect (in this case, child abandonment). From there, the case is investigated, pursued in court and based on the judge's findings, the parent who abandoned the child may have their parental rights involuntarily terminated. No specific period of time is indicated as to when this occurs but generally, anywhere from a period of 6 months to 1 year, if no extenuating circumstances apply are usually grounds for a finding of neglect via abandonment.
How long can a non custodial parent go without seeing a child before in considered abandonment in missouri?
Missouri's legal statutes do not specify a period of time when abandonment occurs, however most judges in that state concur that abandonment has occurred when the non-custodial parent has left the child and provided no means of support for the child for a period of six months. In those cases, the non-custodial parent may petition the court for termination of parental rights of the non-custodial parent. However, if the other parent contests the petition, then you are unlikely to prevail since the courts prefer that both parents are part of the child's life. The best course of action is probably to go through the normal process of filing a motion with the court to establish child support and visitation. Then you can receive support for your child and have scheduled visitation set up. If the parent has no interest in the child then he is unlikely to even use the visitation.
What constitutes abandonment by a non custodial parent who has not paid court ordered child support nor seen the child in 5 years?
Oo
