I'm wondering the steps that need to be taken to prove abandonment. It's joint, but father hasnt used his visitation in

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Customer: I'm wondering the steps that need to be taken to prove abandonment
JA: Who currently has legal custody?
Customer: It's joint, but father hasnt used his visitation in almost 7 months
JA: What steps have you taken? Has anything been filed in family court?
Customer: No steps have been taken because I don't know where to start
JA: The Family Lawyer will be able to walk you through that. Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No that's it
Answered by AshleyJ92 in 11 mins 1 year ago
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AshleyJ92
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AshleyJ92, Expert

Welcome to Just Answer! My name is ***** ***** I will be assisting you today.

This is a back-and-forth chat format. Some questions require more detailed answers than others.

If it takes a moment for me to respond it is because I am indeed working on answering your question so you can expect a thoughtful, informational response.

I am sorry to hear about what is happening. I know that these situations can be both stressful and difficult, and we’ll do our best to provide the information needed to address them.

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AshleyJ92, Expert

One such fault ground is “willful desertion and abandonment.” In order for a party to prove willful desertion or abandonment he/she must prove (1) that the deserting spouse intended to end the marriage; (2) that the deserted spouse did nothing to justify the desertion; and (3) the desertion was against the wishes of the deserted spouse. For this reason, if your spouse asks you to leave the house or agrees to your leaving, then it is not desertion. If, on the other hand, your spouse does not agree with you leaving and you decide to leave anyway, you may be creating a ground for divorce upon which your spouse can file a complaint for divorce against you. Then you have to consider whether being “guilty” of desertion really matters.

I hope you understand my answer to your question. I am more than happy to help you with anything further on this subject.
Thank you very much!
Ashley

Customer
I was referring to child abandonment
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AshleyJ92, Expert

If the absent parent has not supported you or the child for 30 days, it can be considered evidence that this absent parent has intent to abandon.

Customer
abandonment has nothing to do with not being around for extended amounts of time willingly?
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AshleyJ92, Expert

Correct

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AshleyJ92, Expert

Simply reply back if you require additional information and I will be happy to help you with any follow up questions.
Thank you and I wish you the best with your situation.
Ashley

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