What constitutes abandonment regarding divorce and child custody?

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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

Answers:

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

Answered 10 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.


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