Pending custody issue/abandonment
I am a married female, CA resident, with a pending divorce that involves a 3.5 yr old child. I currently reside with my husband (father of child) and need to leave due to the hostility within the household (verbal and physical abuse). If I were to leave the household with a pending court date, will I jeopardize my parental rights to custody or will this action be construed as abandonment by the courts and limit my potential custody?
Asked on 7/07/09, 8:16 pm
1 Answer from Attorneys
Lyle Johnson
Bedi and Johnson Attorneys at Law
Re: Pending custody issue/abandonment
If you leave the house with your child due to abuse that should not have a detrimental affect on your custody rights. Staying in the household with abuse could result in CPS removing the children from you for failure to protect.
Answered on 7/11/09, 2:37 pm
