Legal Question in Family Law in Texas

Will court see this as abandonment in the future?

My daughter and husband took their 7th month old to Minnesota, where his father is dying. He took the baby over her objections, so she went with them which has put them in a grave financial situation. Husband is waiter, no education. Daughter is office manager making most income. He wants to keep baby in Minnesota or Wisconsin (he has relatives) and let Mom return home(somebody has to work or they will lose their apt. bills won't get paid, etc.) waiting for outcome of father's health. If she leaves baby there with him, at some time in the future could that be viewed as abandonment, if there's a problem in the relationship or a custody hearing is ever needed?


Asked on 3/13/07, 5:41 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Will court see this as abandonment in the future?

Not abandonment. If there are problems in the relationship, then in a hearing his testimony will probably be that she abandoned him and the child during a traumatic time in their lives. She will probably testify that she was doing the only responsible action under the circumstances. Will it be a problem, sure. But then again almost every thing we say and do in our lifetime takes a negative spin when the other person gets angry or upset. It is life. It is good for her to keep an eye on the future, just in case, but she has to do what is right for her and her child right now. She has to make that decision based on the information she has today. Not on speculation.

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Answered on 3/14/07, 8:12 am


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