Marriage abandonment is a serious issue, especially when the marriage produced children. While abandonment issues aren?t the main reason for divorce and custody issues, it?s still a problem that some men and women face. Abandonment can mean a number of different things, and your local laws may have guidelines in place that specifically state the terms of abandonment.
In many cases though, a spouse that leaves the home and doesn?t return for at least a year or more is considered to have abandoned the family. Abandonment may also be considered if one spouse refuses entry to the home by having the locks changed or threatening physical violence. It?s best to speak with a Charleston child custody lawyer about the legal issues surrounding abandonment and what legally defines abandonment before filing for divorce.
Spouses that Leave Indefinitely
A marriage that ends because one spouse up and leaves with no contact information or any clue to his or her whereabouts is a serious situation. Children will ultimately have questions about where one parent has gone and when he or she will return. The spouse that is left behind is stuck figuring out whether to file for divorce, how to file for divorce, and how to gain full physical custody of the children. While it may seem like a cut and dry custody case when abandonment is involved, only a Charleston child custody lawyer can provide you with the best advice on how to proceed.
Spouses that Leave Temporarily
In some marriages, a spouse leaves temporarily. It may be to live with friends, someone they?ve been seeing, or even to their parents? home. There are usually problems in the marriage that precipitated one spouse leaving, but it can be difficult to determine if this is actually abandonment. A Charleston child custody lawyer can review the facts of your case and help you determine if you have grounds for abandonment or if you need to file for divorce and custody on another complaint.
Remember that when you go before the court, the judge will make his or her decision in the best interest of the children. If your divorce is truly an abandonment issue, you probably won?t have any problems gaining custody. However, if there are any gray areas in whether or not abandonment is involved, you will need a lawyer to help you sort through the facts and get the court to see why you deserve full custody of your children. Visit Charleston Lawyer for more information.
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