When a parent abandons their child for one reason or another, they risk losing custody and parental rights. Abandonment occurs when a guardian leaves home without proper communication with their spouse.
You should note that child custody issues will arise if the remaining parent files for abandonment charges. The parent left behind can do this if they have not received any communication after a year.
Unless the spouse leaves home to file for divorce or other emergency reasons, they could lose parental rights to their children.
Abandonment often leads to divorce. Regardless of divorces being complicated, an abandonment charge could simplify the process by influencing the judge’s decision. The parent who left will likely lose their custody and visitation rights.
Judges often rule in favor of the remaining parent as they took responsibility for the children when the spouse left. While in court, the plaintiff could be awarded full custody if the judge considers abandonment a serious issue. Otherwise, custodian rights will be granted according to the laws of a particular state.
Typical Solutions to Custody Hearings
Below are some of the common solutions in child custody cases and what they entail:
Bird Nesting
When settling a divorce, children are the ones who suffer the most. They will frequently switch residential locations between one parent and another.
Bird nesting offers a solution as the child can remain in one central place while the parents visit them. After the divorce is settled, the parents move out and will move in during their visitation schedules. Bird nesting gives a child some permanence in their lives.
Co-Parenting
This is the best solution for parents who have joint custody and can be used along with bird nesting. The child does not have to keep relocating when staying with a different parent. Co-parenting works best if the parents communicate and respect each other.
Voluntary or Court-Ordered Bird Nesting
Parents seeking divorce will typically organize a bird nesting arrangement to avoid disrupting their child’s life. They can choose to settle the situation calmly under their custody arrangement. Consequently, the children will not suffer the trauma of having to pick sides.
However, in some instances, a judge must make this decision. To avoid back and forth, the court could order the parents to practice bird nesting until the child comes of age.
Legal and Physical Custodian Rights
“The custody of minor children is often the most contentious and stressful aspect of a divorce case,” says family lawyer Matt Towson of Towson Law Firm. Many states have divided custodianship into legal and physical categories. On the one hand, legal custodianship involves the right to decide issues regarding the child’s religion and education.
On the other hand, physical custodianship involves residing and taking care of the child. Therefore, if a parent abandons their child, they could easily lose both custody types, thereby granting sole custody to the other parent.
A Final Word
Before leaving home, parents should consider the long-term effects of their actions. They will often lose custodian and visitation rights. Such cases are likely to lead to custody charges.
Furthermore, while settling custody cases, parents need to be sensitive to the child’s feelings. Even though the parents may not be on the same page, they should be amicable towards the child.
After custody is settled, they should respect each other’s visitation time by keeping to their schedules and respecting each other’s parenting methods.
Finally, it is highly recommended to hire a lawyer while filing for abandonment charges. They are familiar with the legal process for pressing these charges and will likely help get everything needed for full custody of your children.
