Question:
Do I have the right to claim abandonment or something along those lines if after purchasing a home with me in Indiana, my wife decides to send the kids back to NJ with her parents and then tells me on the plane that she and the kids are not coming back?
We have been apart for over a year now.
Answer:
You need to consult an attorney in your jurisdiction as custody guidelines vary from state to state. You need to file a Petition for Divorce and establish a parenting schedule with your children. If you have not had regular contact with your children for over a year you need to act quickly to move the case forward.
Tiffany A. McFarland is a Senior Attorney and Litigation Manager with Cordell & Cordell, P.C. in the Overland Park, Kansas and Kansas City, Missouri offices. Ms. McFarland practices exclusively in the area of domestic relations.
Tiffany is licensed in the state of Missouri and the state of Kansas and is certified as a Guardian ad Litem.