Legal Question in Family Law in Oregon
i left the state of oregon for a two week vacation i left my two children with their father who i share joint custody with my vacation stay has been extended and i plan on returning back to the state in another week. he says he is going to take me back to court for abandoning my children is this true and what are my legal rights?
1 Answer from Attorneys
No, this is not true. "Abandonment" occurs when you initentionally and knowingly leave your children in a situation where they are unprotected and unsafe, with no intent to come back and get them. You left your children with their father. Presumably, this is not an unprotected and unsafe situation (unless, of course, he is admitting that the children are unprotected and unsafe when they are with him).
In sum, "abandonment" involves both INTENT and ACTION. In your case, neither your intent nor you actions demonstrate or evidence "abandonment" as that term is known to the law.
(If he says that leaving the children with their father while you went on vacation was "abandonment," just exactly WHO does he think you should have left them with??
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