Legal Question in Family Law in New Jersey

Child Abandonment

Hi,

I found out my husband was cheating with another woman for quite some time, so we both agreed for him to leave. But in the end, he chose not to come back. We have 2 children (ages 2 and 9). He is still supporting us and sees the children, but since he left our home (we are married 13 years by the way) without any legal documents and lives 40 minutes away, is that perceived as child abandonment? If so, what would my next step be?

Thank you!


Asked on 1/29/04, 1:00 am

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Child Abandonment

It is called desertion. It can be described as 18 months of separation and grounds, like desertion, for divorce, if he continues for so long.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 1/29/04, 5:51 am
Bernard J. Berkowitz Berkowitz & Raiken

Re: Child Abandonment

You should have a written agreement with him as to child support and payment of bills. You need to decide if you want a divorce. His moving out would not be considered "abandonment". It was mutual. However, if you have asked him back and he refuses, it could be desertion. That is a ground for divorce as is adultry. If you cannot afford to see an attorney, you should try to contact the county legal services to get complete advice. If you want to talk to a private attorney, you can call our office for an appointment. Good luck.

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Answered on 1/29/04, 9:22 am


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