Is leaving children with grandparents considered abandonment?

Full question:

What if the mother of children is living with her parents and leaves ? is this abandonment

  • Category: Divorce
  • Date:
  • State: Florida

Answer:

Abandonment can be either actual or constructive. In family law, actual abandonment generally means leaving the home with no intention of returning. Constructive abandonment occurs when a spouse refuses to engage in sexual relations for a year.

According to Florida law, abandonment refers to a situation where a parent or legal custodian fails to provide for a child's support and does not maintain a substantial relationship with the child. This includes regular contact or communication with the child. Minimal efforts or token visits do not qualify as maintaining a substantial relationship. Additionally, if a parent is incarcerated, this may also indicate abandonment (Fla. Stat. § 39.01).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If someone leaves their child with you, it's important to assess the situation. Ensure the child is safe and cared for. Contact the child's parent to discuss the situation and seek their intentions. If you believe the child may be abandoned, consider notifying child protective services for guidance. They can help determine the best course of action. Document any communication with the parent for future reference.