I have a restraining order against the father, and part of the RO is for him to stay away from our child as well. I'm beginning the process of attaining custody and I have been informed that he is moving out of state. Is this considered abandonment by him? Does it help with a custody case?
Abandonment means having nothing whatsoever to do with the child for at least 6 consecutive months. So moving out of state, in and of itself, isn't enough. How his move will affect your custody case depends on how far away he will be, what relationship he previously had with the child, and several other factors . . . but most importantly, whether or not he actually "fights" you in the custody case.
Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.
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