Abandonment?

[blackhawk1964]

Im am getting a divorce in New York. I moved out of my home 6 months ago because was not able to stay with soon to be ex. I have paid child support, amount given to me by my lawyer, every month that I have been gone. Can my soon to be ex charge me with abandonment of our 20 year old daughter and 14 year old daughter???

 

[LdiJ]

Im am getting a divorce in New York. I moved out of my home 6 months ago because was not able to stay with soon to be ex. I have paid child support, amount given to me by my lawyer, every month that I have been gone. Can my soon to be ex charge me with abandonment of our 20 year old daughter and 14 year old daughter???

In the first place, a "charge" of abandonment has to do with leaving children with legal strangers and then disappearing, and not providing for their support. That is a criminal charge. It has nothing to do with leaving children with the other parent. A parent can non-criminally abandon their children with the other parent by disappearing and not supporting the children, but that is not a criminal issue...and it has to go on for much longer than 6 months.

In the second place, when a marriage is failing, it is not abandonment for one of the parents to move out of the marital home without the children.