Abandonment

[melissa__46]

What is the name of your state (only U.S. law)? Alabama
Since filing for my divorce and receiving my husbands counter file I have received his interrogatory answers from my lawyer. He is now saying that while we were together I abandon our children several times, leaving them while they cried to go with me, saying he had to keep them until I got home. I have looked for laws on abandonment and cant find anything that pertains to this. This is going to sound ridiculous but, is it abandoment to leave your kids with thier father while you go the grocery store, or any where for that matter, when your gone 2 or 3 hours? I have never even left my kids over night before we seperated. Im thinking this is just him and his dad trying to bully me and scare me into giving up. Also he stated that because I live in government housing, a rental by HUD, that my home is unsafe. Is it looked down upon to live in government housing? If I had any financial help for our kids from him I may be able to afford something better but while Im financially supporting 2 kids and paying for this divorce I cant.
With these new accusations is there anything for him to stand on? Or is this thier way of trying to scare me into backing down?

 

[wileybunch]

Abandonment? Not even close, not to mention those are errands. Even if you left the home for a few hours to get some recharging time, that's just life. Use that against him to point out how out of touch and controlling he is. Not that it matters, but if you are needing to respond, call a spade a spade.

And, there is nothing wrong with living in subsidized housing. Again, use that against him to say that if were providing support for his children, it would obviously help your monthly budget.

 

[Gum_Drop]

That is crazy... lol My 4 yr old will scream her beautiful little head off if I walk out the door without her.

Like yesterday, I left my cell in the car, and she had to accompany me on the walk outside to get it.

 

[MichaCA]

I think dad is going to look pretty foolish in court.

No abandonment, actually dad is complaining about caring for his upset child, as if he is overwhelmed by that and not knowing how to deal with.

Courts do not look down on government assistance. The government set that up to help people.

HUD has more stringent rules on decent housing than the average home owner subscribes too, so no, he can't say that one either.

 

[xxnatalixx]

Abandonment? Not even close, not to mention those are errands. Even if you left the home for a few hours to get some recharging time, that's just life. Use that against him to point out how out of touch and controlling he is. Not that it matters, but if you are needing to respond, call a spade a spade.

And, there is nothing wrong with living in subsidized housing. Again, use that against him to say that if were providing support for his children, it would obviously help your monthly budget.

Dad tried to use it against me in court that my water got shut off for a week last year and I had to stay with my aunt and my attorney brought up that if I was actually recieving any child support, I would have been able to pay the bill. It was a nice way to bring up that he doesn't pay.

 

[Just Blue]

What is the name of your state (only U.S. law)? Alabama
Since filing for my divorce and receiving my husbands counter file I have received his interrogatory answers from my lawyer. He is now saying that while we were together I abandon our children several times, leaving them while they cried to go with me, saying he had to keep them until I got home. I have looked for laws on abandonment and cant find anything that pertains to this. This is going to sound ridiculous but, is it abandoment to leave your kids with thier father while you go the grocery store, or any where for that matter, when your gone 2 or 3 hours? I have never even left my kids over night before we seperated. Im thinking this is just him and his dad trying to bully me and scare me into giving up. Also he stated that because I live in government housing, a rental by HUD, that my home is unsafe. Is it looked down upon to live in government housing? If I had any financial help for our kids from him I may be able to afford something better but while Im financially supporting 2 kids and paying for this divorce I cant.
With these new accusations is there anything for him to stand on? Or is this thier way of trying to scare me into backing down?

Wow. I would make sure my attorney knows of EVERY INSTANCE of Dad "abandoning" the children to go to work, out with friends, the store, library....

What a shulb.

 

[TheGeekess]

What is the name of your state (only U.S. law)? Alabama
Since filing for my divorce and receiving my husbands counter file I have received his interrogatory answers from my lawyer. He is now saying that while we were together I abandon our children several times, leaving them while they cried to go with me, saying he had to keep them until I got home. I have looked for laws on abandonment and cant find anything that pertains to this. This is going to sound ridiculous but, is it abandoment to leave your kids with thier father while you go the grocery store, or any where for that matter, when your gone 2 or 3 hours? I have never even left my kids over night before we seperated. Im thinking this is just him and his dad trying to bully me and scare me into giving up. Also he stated that because I live in government housing, a rental by HUD, that my home is unsafe. Is it looked down upon to live in government housing? If I had any financial help for our kids from him I may be able to afford something better but while Im financially supporting 2 kids and paying for this divorce I cant.
With these new accusations is there anything for him to stand on? Or is this thier way of trying to scare me into backing down?

Dad has nothing. I'd bet he's trying to use this statute:
"Section 30-3-1
Custody and education of children upon grant of divorce; custody of children where wife abandons husband.
Upon granting a divorce, the court may give the custody and education of the children of the marriage to either father or mother, as may seem right and proper, having regard to the moral character and prudence of the parents and the age and sex of the children; and pending the action, may make such orders in respect to the custody of the children as their safety and well-being may require. But in cases of abandonment of the husband by the wife, he shall have the custody of the children after they are seven years of age, if he is a suitable person to have such charge.

(Code 1852, §1977; Code 1867, §2367; Code 1876, §2701; Code 1886, §2338; Code 1896, §1501; Code 1907, §3808; Code 1923, §7422; Code 1940, T. 34, §35.)"
Section 30-3-1
Here's a rolly-eyed icon for Dad:

Mom: Here are some links so you can educate yourself:
Link to Alabama Code on Child Custody
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/128972.htm

Link to Alabama Administrative Court site on Child Support:
Administrative Office of Courts

DHR website on Child Support:
Child Support Enforcement

Schedule of Basic Child Support:
Administrative Office of Courts

Worksheet used in Alabama to compute Child Support:
disLogonGrid
(It's number 42)

DoItYourself Forms (IE specific):
http://eforms.alacourt.gov/

More Forms:
Domestic Forms - Birmingham Bar Association

Law schools usually offer clinics for free help, to train the law students.
Here's a link to UA's School of Law Clinics:
The University of Alabama School of Law

Samford University also has Cumberland School of Law:
Cumberland School of Law

Then, there's the Birmingham School of Law:
BSOL - Welcome

Here's a number for the Miles Law School; No information on their website if they offer clinics or such, but the worst they can do is tell you no.
205-923-7739

 

[Isis1]

OMG! i laughed so hard when i read this. OP, your ex is moronic. i "abandoned" my kids at least twice today to go to the bathroom. . and then twice yesterday when their dad took them to a birthday party and then when i went to the store. someone call CPS.

 

[xxnatalixx]

OMG! i laughed so hard when i read this. OP, your ex is moronic. i "abandoned" my kids at least twice today to go to the bathroom. . and then twice yesterday when their dad took them to a birthday party and then when i went to the store. someone call CPS.

My kids are abandoned right now. They are out in the yard and I came clear upstairs to the office to get on here.

 

[Isis1]

My kids are abandoned right now. They are out in the yard and I came clear upstairs to the office to get on here.

oh. what a terrible mother you are!!!!

 

[LdiJ]

What is the name of your state (only U.S. law)? Alabama
Since filing for my divorce and receiving my husbands counter file I have received his interrogatory answers from my lawyer. He is now saying that while we were together I abandon our children several times, leaving them while they cried to go with me, saying he had to keep them until I got home. I have looked for laws on abandonment and cant find anything that pertains to this. This is going to sound ridiculous but, is it abandoment to leave your kids with thier father while you go the grocery store, or any where for that matter, when your gone 2 or 3 hours? I have never even left my kids over night before we seperated. Im thinking this is just him and his dad trying to bully me and scare me into giving up. Also he stated that because I live in government housing, a rental by HUD, that my home is unsafe. Is it looked down upon to live in government housing? If I had any financial help for our kids from him I may be able to afford something better but while Im financially supporting 2 kids and paying for this divorce I cant.
With these new accusations is there anything for him to stand on? Or is this thier way of trying to scare me into backing down?

Like everyone else has said, he is seriously going to look foolish in court for trying to claim that you abandoned your children when you left them with him while you went to run errands.

He won't get anywhere on the government housing either.