Hey everyone, I need some advice. My 8-year-old niece has been living with my parents for almost 2 years now since her father (my brother) passed away in 2022. Her mother is supposed to have visitation every other weekend, but she hasn’t visited since June 2022. We’re trying to figure out how to prove abandonment. What forms do we need to file? We just want to do what’s best for my niece, but we can’t afford a lawyer right now. Any guidance would be really helpful.
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We need to prove abandonment because my parents want to become her legal custodians. If that’s the case, they need to file a petition for de facto custody with the court.
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To prove child abandonment in Virginia, you typically need evidence showing that the parent failed to maintain contact with or provide support for the child for a certain period of time, usually six months or more. This can include lack of communication, failure to visit, or failure to provide financial support.
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Why is proof of abandonment necessary? Do you want your parents to have custody of your children legally? In that case, they must petition the courts for de facto custody.
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Proof of desertion or neglect of spouse, child, or children by any person shall be prima facie evidence that such desertion or neglect is willful; and proof that a person has left his or her spouse, or his or her child or children destitute or necessitous circumstances, or has contributed nothing to their support.
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Seek Legal Advice: While you may currently face financial constraints, legal aid organizations in many states offer free or affordable consultations, particularly in child custody matters.
Explore these resources to locate legal aid services in your area:
American Bar Association Legal Aid Directory
National Legal Aid & Defender Association
Reach Out to Local Department of Child Services (DCS): DCS can investigate cases involving potential child neglect or abandonment.
They can provide guidance on legal procedures and necessary steps to safeguard your niece’s welfare.
Access contact details for your state’s DCS through Child Welfare Information Gateway.
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Proof of abandonment or neglect of a spouse, child, or children by any person shall be prima facie evidence that such abandonment or neglect is willful; and proof that a person has left his or her spouse, or his or her child or children destitute or needy circumstances, or has contributed nothing to their support.
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Your niece’s situation sounds tough. Here’s how you can get help:
- Document missed visits: Keep records of texts, calls, or attempts to see your niece by her mother. This could be proof of abandonment.
- Free legal aid: Search online for “[your state] legal aid” or contact your courthouse for resources. They might offer help with your situation.
- Child advocacy groups: Try the National Center for Missing and Exploited Children for guidance or referrals to legal help.
Remember, consulting a lawyer familiar with your state’s laws is always best, but these resources can be a good first step. Good luck!
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At the moment, my parents have complete custody. The mother of my niece has not returned calls, texts, or emails. She does, however, regularly post on Facebook. Her rights may be terminated by my parents on the grounds of abandonment. While they do not wish to stop a mother and child from having a relationship, they also do not want the mother to be able to appear at any time. My parents have even stated that they will give her another chance to abide by the visitation agreement even if she appears in court and continues to fight for her rights.
This law says that if someone abandons their spouse or children, or leaves them without any financial support, it’s considered strong evidence that they did it on purpose (willfully). Basically, if you leave your family without taking care of them, it looks really bad for you in court.