What constitutes abandonment regarding divorce and child custody?

UPDATED: Aug 18, 2011

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What constitutes abandonment regarding divorce and child custody?

I am wondering if I would get hit with abandonment if I moved from my current home which is owned by my in-laws to my old residence which is still up for sale. The reason for the move is that my wife has been unfaithful on many accounts. I also want to add that we have a 2 year old daughter involved that I do not want to lose. I would like to make it work for our daughter but I need to have time to do this so I am unsure how to go about this.

Asked on August 18, 2011 Minnesota


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to consult directly with a divorce attorney in your area. Specifically, as to the grounds of abandonment, typically that is only applicable is when there has been an extended separation for an extended period (e.g. years). Additionally, it typically only applies in cases where one spouse cannot locate another spouse. In your situation neither of the above 2 conditions applies to you. (Note: while you can file on grounds of abandonment, in MN don't have to have grounds in order to file for divorce; it is a no-fault state..

As for custody purposes, generally it is better if you try and to remain in the home to the extent possible. However, moving out will not automatically jeopardize your custody rights.

Again, bottom line, speak to a divorce attorney; they can best apprise you of your rights.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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