My nephew's Mother has left he Son for 4 months and left the State. Is this abandonment?

Full question:

My nephew has lived with me since November and his mother has not provided any support for him while he has been in my care. For two months previous to that he lived with a family friend. And she has since left the state. Is this considered abandonment?

  • Category: Minors
  • Subcategory: Custody
  • Date:
  • State: Missouri

Answer:

If there has been no communication or support and there is no agreement that the Son stay with the Friend or you, taken together with the fact that she has left the State could constitute abandonment of a child.

In Missouri abandonment of a child is a crime. It can be in the first degree or the second degree. However, the legal requirements of criminal abandonment require that a child be abandoned under circumstances that may result in serious physical injury or death. Therefore, this would not seem to be criminal abandonment.

As to this kind of abandonment that could be a factor to a change in custody or termination of parental rights this could exist. If you are concerned about this and she does not make contract or regardless, you may want to seek custody in Court.

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

To claim someone as a dependent, they generally need to live with you for more than half the year. However, specific criteria, such as relationship and financial support, also apply. For a nephew, you must provide more than half of his financial support and meet other IRS requirements. It’s best to consult IRS guidelines or a tax professional for detailed information.