Is my nephew's situation considered abandonment by his mother?

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 from the mother, and there is no agreement for the child to stay with either the family friend or you, her leaving the state may indicate abandonment. In Missouri, abandonment can be a crime, classified as either first or second degree. However, for it to be criminal abandonment, the situation must pose a risk of serious physical injury or death, which does not seem to apply here.

Nonetheless, this situation could be relevant for a change in custody or termination of parental rights. If you are concerned about the lack of contact or support from the mother, you may want to consider seeking custody through the 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.