Will leaving my home in Texas lead to child abandonment concerns?

Full question:

Would it be considered abandonment of children in the state of Texas if i will not go back to the house my soon to ex-husband wont leave. My lawyer says it is likely i wont get the house if i don't stay there before the temporary order is signed does this also me i will loose the kids i have them with me

  • Category: Divorce
  • Subcategory: Child Custody
  • Date:
  • State: Texas

Answer:

In Texas, abandonment of a child involves several factors, including the intent to return, the duration of absence, and who the child is with. According to Texas law, a parent may be found to have abandoned a child if they leave the child with someone else without intending to return, or if they leave the child without providing adequate support for a certain period (FAM § 161.001).

If you leave your home and do not return, it could be interpreted as abandonment, especially if it appears that you do not intend to come back. Your lawyer's advice about staying in the house until a temporary order is signed is likely aimed at protecting your custody rights. If you leave, you may risk losing custody of your children, as the court might view your absence negatively.

It's essential to discuss your situation thoroughly with your lawyer to understand the implications of your actions regarding both your housing situation and your parental rights.

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

Child abandonment occurs when a parent leaves their child without adequate care or support, with no intention of returning. In Texas, this can include leaving a child with someone else without planning to come back or failing to provide necessary support for a certain period (FAM § 161.001).

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