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Can i file child abandonment against my husband?

Shippensburg, PA |

we have two children together and he has not seen them in a year and a half. He argues that i keep them from him but i dont we have a custody agreement that he is to get them every other weekend but has not done so since november 2010. He always had some kind of excusse to not get them. So i was wondering if i can file abandonment against him and can i get full custody?

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Attorney answers 1


It appears you have full custody already in that he has not seen the children in 18 months. Child abandonment is a criminal charge for completely abandoning a child, such as leaving a child on a doorstep. Choosing not to exercise custody rights is not defined as abandonment. If you file a custody action, he may seek to exercise rights that he has not been exercising lately simply because you provided him with an opportunity to do so. Unless it is your desire that he become more involved, I would not take any action unless he suddenly tried to exercise custody as though no time has passed since he last saw the children in which case you can file custody to require counseling to be involved before he has regular contact.

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