Legal Question in Family Law in Massachusetts

I have a problem my daughters mother and I share physical and legal custody of our daughter. My daughters mother left to go away for a while to Mexico. She never left me with a contact number other then her cell phone which she never answers. I don't have any idea where she is or where she is staying to reach her in case of an emergency. I called her cell phone because a situation did arise and it took her two days to call me back and all she said was unless someone is dying don't call me and hung up. Can I file for child abandonment?


Asked on 5/05/14, 5:33 pm

3 Answers from Attorneys

I do not think it qualifies as child abandonment. It does indicate a certain amount of indifference to the condition of her daughter. If you have more indications of her indifference or failure to monitor and treat your daughter properly, you might have grounds to seek physical custody of your daughter.

Read more
Answered on 5/05/14, 5:50 pm
ERNEST BIANDO LAW OFFICE OF ERNEST T. BIANDO, LLC

Depends, if she is away for a long period-maybe. However, if you can show she does not take care of your child then you could fight for sole custody. If you want to talk about the case give me a call 774-745-0562.

Read more
Answered on 5/06/14, 7:56 am
Bill Farias Law offices of Bill Farias

The short answer is that these facts alone do not constitute child abandonment. Parents are allowed to vacation without their children, especially if the other parent is available for care. If there are other facts that you think support your feeling that she is neglecting your daughter, you should take them to an attorney and get a consultation.

Read more
Answered on 5/06/14, 12:40 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Massachusetts