Can I be Charged with Abandoning my Child?

[lissemorte]

I am a resident of San Antonio, TX. My husband and I are at the end of our marriage together, sadly, and we have a 3 year old son together. I am wanting to move to Louisiana, and he wants to stay in San Antonio. He wants to retain full custody of our son, but I would like joint custody. I do not currently have enough money to fight him in court for this, however. I do not want to lose my son, either, though. He has threatened to file abandonment charges on me, should I leave for Louisiana. My plan would be to get a job in Louisiana and become self sufficient to where I can support myself and my son on my own and also have money to fight him in court for joint custody. He constantly tells me he hates me, and he orders me to get out often. We own our home together. He screams at me to leave yet tells me that if I DO leave he will file abandonment on me. I don't know what to do, and I'm scared.

I fully intend on seeing my son! I do not want to leave him, but I don't want to fully take him away from his father, either. But I cannot stay here in this marriage for much longer. I've been staying just for my son for the past two years.

Can he file abandonment charges on me? Or is he just trying to scare me?

Thank you so much for any help you can give me concerning this matter.

Jennifer

 

[BayState]

I am a resident of San Antonio, TX. My husband and I are at the end of our marriage together, sadly, and we have a 3 year old son together. I am wanting to move to Louisiana, and he wants to stay in San Antonio. He wants to retain full custody of our son, but I would like joint custody. I do not currently have enough money to fight him in court for this, however. I do not want to lose my son, either, though. He has threatened to file abandonment charges on me, should I leave for Louisiana. My plan would be to get a job in Louisiana and become self sufficient to where I can support myself and my son on my own and also have money to fight him in court for joint custody. He constantly tells me he hates me, and he orders me to get out often. We own our home together. He screams at me to leave yet tells me that if I DO leave he will file abandonment on me. I don't know what to do, and I'm scared.

I fully intend on seeing my son! I do not want to leave him, but I don't want to fully take him away from his father, either. But I cannot stay here in this marriage for much longer. I've been staying just for my son for the past two years.

Can he file abandonment charges on me? Or is he just trying to scare me?

Thank you so much for any help you can give me concerning this matter.

Jennifer

No. It wouldn't be considered abandonment. At. All.

BUT, if you move out of state, the chances of you getting primary custody of your child are remote. He would likely get PC and you would have a long distance visitation schedule. You would also be responsible for child support.

Now if you were to stay in the area you (if you are currently the primary caregiver) would be the likely parent to be given primary residency.

If I were you I would file for divorce, primary custody of the child, child support and retention of the marital property. You NEED to get a job ASAP. Anything. But you need to work.

 

[Duranie]

I agree, as a mom I would NEVER leave my child. You can start over in your area and not worry about abandonment or losing custody but if you move out of state you'll likely never get primary custody and you'll be on the hook for all transportation expenses. If LA is the only place you honestly feel like you can start over then you need to make a big decision. He can accuse you of abandonment but it does not mean it is. Do you intent on helping support the child? You'll likely be paying child support too. Any money you do give him before court, write on the check "child support" otherwise he can claim you paid nothing, and that clearly is not abandonment.

good luck