What are my rights as a mother, for child custody? what are the grounds for child abandonment?

Asked over 3 years ago - Fairfield, CA

Hello i am very loving, ambitious and desperate mother seeking answers for child custody or abandonment. I left my country with my child last 2010-in the hands of my exes grandparents due to financial difficulties. But before i left-i let my ex husband sign an affidavit stating that my sole purpose is to provide a better future for my kid and not abandon her, and he did sign. that my kid will be on the care of either my mom or his dad. when i was in the u.s. i send her monthly money for her school, call her 5 times a week and if i have extra, sends her gift/package. i kept all my receipts. Her grandpa would sometimes threaten me that he may file a child abandonment when he gets mad, and just to be sure what are my rights as her mother? I am planning to petition her and join with me.

Attorney answers (2)

  1. Robert Daniel Kelly

    Pro

    Contributor Level 20

    1

    Best Answer
    chosen by asker

    Answered . It appears as though you are a very caring mother. Keep all your documents for evidence. You may also consider keeping a journal to document further your good faith effort towards being a good mother. You probably need an attorney.

    Best wishes.

  2. Matthew Henry Miller

    Contributor Level 6

    Answered . Sometimes there are questions that do not have such simple answers, and this is certainly one of them. The issue of child abandonment comes up when one parent attempts to terminate the other parent's custodial rights to that child. It is a very serious concern as it has very serious consequences. Most jurisdictions handle child abandonment issues as they related to one parties' request to terminate the other parent's custodial rights and it is dealt with in the probate courts. As such, your issues cross over to two separate and distinct areas of law (Family and Probate). I agree with the previous answer in that you must keep a very detailed log with appropriate proof indicating that you continued to communicate, support, and provide for your child. You should probably speak to a probate attorney to discuss what type of evidence is typically used to prove that have not abandoned the child in order to ensure that you do not run into evidentiary problems down the road.

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