Legal Question in Family Law in Ohio

Abandonment

Recently my husband and I seperated 8/25/2006 for what I was told a temporary time. I left our 8yr.old son in his care because I did not want to disrupt his life in a temporary situation. However my estranged husband has now filed papers and says I abandoned my son. I see him every other week for about 5hrs. a day and every other weekend Friday to Sunday. Several people know my whereabouts including his father and several of my family members have been there also. In a legal standpoint would this be considered abandonment


Asked on 9/26/06, 8:50 pm

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Abandonment

Ohio law uses "willful absence for one year" as a ground for divorce. Moving out of the marital home because the couple agrees to the arrangement is not a willful absence.

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Answered on 9/27/06, 7:50 am


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