abandonment laws

[melissa32]

What is the name of your state? texas my question is my husband and i were in an open marriage and now we both want a divorce so now that we both see other people and we both stay over at the other persons house overnight as a mother would that mean that i have abandonment issues. my children never know that i stay out but they know that daddy does. can he say that i have abandoned them if our amicabably divorce turns nasty.

 

[Just Blue]

What is the name of your state? texas my question is my husband and i were in an open marriage and now we both want a divorce so now that we both see other people and we both stay over at the other persons house overnight as a mother would that mean that i have abandonment issues. my children never know that i stay out but they know that daddy does. can he say that i have abandoned them if our amicabably divorce turns nasty.

Huh? Are you asking if you spend the night with some guy...or girl....will your stbx have grounds to file for abandonment?
No. After a year of no contact, that would be considered abandonment.

 

[SHORTY LONG]

Most all [Divorces] get nasty, so what do you think? If you both can reach everything
amicable through all the proceedings, then, your both good to go. On the other hand a
war could be lurking!

 

[CourtClerk]

Nasty is this idea of a open marriage.... but hey...whatever floats your boat.

 

[Gracie3787]

What is the name of your state? texas my question is my husband and i were in an open marriage and now we both want a divorce so now that we both see other people and we both stay over at the other persons house overnight as a mother would that mean that i have abandonment issues. my children never know that i stay out but they know that daddy does. can he say that i have abandoned them if our amicabably divorce turns nasty.

I don't understand. If you have an "open marriage" already, why bother to get divorced? You are both already sleeping with others, correct?

 

[las365]

I read the original post a few times to try to decipher it and here is what I have come up with:

OP and hubby had an open marriage and have children.

OP now has a boyfriend with whom she spends the night at his home, and hubby has a girlfriend with whom he spends the night at her home. OP sneaks out of the house and back in so the kids don't know she isn't home at night. Hubby is open about not being there.

OP is worried that hubby will use her leaving the kids alone at night against her if the divorce gets ugly.

How old are these children? Unless they are older teens, they should not be left home alone!

 

[CLBKLCDTB]

What is the name of your state? texas my question is my husband and i were in an open marriage and now we both want a divorce so now that we both see other people and we both stay over at the other persons house overnight as a mother would that mean that i have abandonment issues. my children never know that i stay out but they know that daddy does. can he say that i have abandoned them if our amicabably divorce turns nasty.

If the children are not left "alone" (neglect if they are very young), and you have not "moved out", it is not abandonment.

On a side note....Open marrige in stupid. If you wish to bed more than one person....why marry?