What constitutes parental abandonment?

My ex-wife has custody or our 2 kids; I have visitation. About 4 months ago I picked them up from her house on my scheduled day and they have lived with me since. She has made no attempt to have them come back to live with her. They have stay a total of 4 nights with her since. She has not seen them in the last 2 months and has only called 3 or 4 times in those 2 months. Is this abandonment? Should I file an emergency custody hearing?

Asked on November 12, 2012 under Family Law, Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Abandonment of a child results when a parent essentially eliminates all contact and support of a minor child. From what you have written, I see no abandonment. I see a desire by the one parent to minimize contact with the minor children.

I suggest that you contact a family law attorney about what legal recourse you have. To file a petition for an emergency custody hearing makes no economic sense from what you have written since you essentially have the children the bulk of the time.

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