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I just ask a ? about child support and leaving kids.Well I paid for a trip and was waiting to caught my last plane .My husband called and said he was going to call the police on me for child abandoment.So I was not able to go on my vacation we are seperated.He knew I was going, where i would be ,when I was coming back.So seperated people can't go on vacation?Can he do this to me ?

2007-07-25 07:01:52 · 19 answers · asked by cash07 1 in Family & Relationships Marriage & Divorce

19 answers

If you have set up reliable babysitting for your children, there should not be a problem just to go on vacation. I believe that there are set "rules" that constitute abandonment. Each state is different so you would have to check your own state's laws. Now if you left your child home alone or you were only supposed to be gone for a week but you go for 2 weeks, then that is abandonment. Personally I think he sounds like a jack *** and I wonder if there is a way you could take him to court and sue him for the money he cost you. For instance, if he was the one watching your kids, but you had to come back because of him...there may be a chance you could recover your plane tickets, and reservation costs as you still had to pay, but he screwed it up.

2007-07-25 07:07:01 · answer #1 · answered by jade2311 2 · 0 0

If you haven't divorced or legally separated, and you are still considered the mother to the children, your spouse could continue to be a problem.

A legal separation or divorce gives you certain rights and responsibilities. If visitation or custody is set-up through the courts, then there is a formal agreement in regards to dates and times of the year in which your time with your children is REQUIRED. You would not be able to take a vacation on those dates without specific conditions that were previously agreed to by your ex and/or the courts.

For example, I'm divorced. My ex is from another country, and she was planning on taking a trip with our daughter to her home country. I have a amicable divorce, so once I knew where and how long my daughter would be away, I wrote a letter for my ex to carry with her indicating that I was made aware of the travel and that I did not object to the time away.

I think that your question indicates some unresolved issues between you and your husband. Get some professional advice from an attorney if you have more questions.

2007-07-25 07:17:25 · answer #2 · answered by CarinaPapa 4 · 0 0

no he can not get you for abandoment. You have to be fully abstent from your childerns life for 6 months or longer with no contact what so ever. And this was also something he knew about in advance. This is just a ploy to try and ruin your plans. Let me guess this has been a pretty bad split so far huh? The only thing he could do is if you were taking the childern with you he can attest it.

Good luck.

2007-07-25 07:18:55 · answer #3 · answered by butterfly 4 · 0 0

You have premade arrangements, you have a round trip ticket, you have planned care for the kids! I dont know that I would classify this as abandonment but what would the court in your state say? Seperated people can go on trips. Sound like he just wants to control you and maybe jealous of your "free time". Better be safe than sorry. Get professional advice!

2007-07-25 07:07:28 · answer #4 · answered by tpettee 3 · 0 0

No he cannot. This is not considered abandonment. If you didn't come home then it would be. Your husband would have no case. He just probably doesn't want to take care of the child while you are away. Just make sure that your child has a place to go. Or at least there is someone to come and check up on them at home(if they are old enough to be home alone)

2007-07-25 07:07:07 · answer #5 · answered by Steven's Love 4 · 0 0

No he cannot, if he has the children or if they are in the care of someone else (reliable, trusthworhty adult) while you're vacationing, there is no reason that you could not have gone on vacation this is a form of control through the children and them being pawns in his game of life.

2007-07-25 07:05:55 · answer #6 · answered by justaboutpeace 4 · 0 0

Get a divorce before you do anymore traveling, Separated does not mean your not married so best to be safe he's out for you.An will use it against you.Take 1 of the children or all that looks better in the eyes of the court's for custody.There no rules in love & war protect yourself.

2007-07-25 07:24:43 · answer #7 · answered by 45 auto 7 · 0 0

so many jail house lawyers here . they are all probably right , but do yourself a favor cand ask a real lawyer what you should do , you do not want to listen to people who think they know everything and then you go on this vacation and when the divorce court happens you find youself in a bind !

2007-07-25 07:18:59 · answer #8 · answered by gate_heavens 2 · 0 0

ABANDONMENT: to leave completely and finally; forsake utterly; desert: to abandon ones farm; to abandon a child; to abandon a sinking ship.

VACATION: a period of suspension of work, study, or other activity, usually used for rest, recreation, or travel; recess or holiday:

Apparently he knows that you don't know nothing! Please stop letting him control your life. Find out what you need to know through the Friend of the Court or a Divorce Lawyer.

2007-07-25 07:10:44 · answer #9 · answered by paytaymak 2 · 0 0

No it isn't abandonment to go on vacation. Let your ex threaten all he wants. It depends upon the state, but it usually has to be several months with no contact...hardly anybody's vacation time.

2007-07-25 07:07:54 · answer #10 · answered by ChinaRain80 1 · 0 0

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