I was in an abusive relationship with my ex-husband for 14 years and we have six children. I left seven months ago, but my children didn’t want to come with me. I do still have contact with my children and I send them money when I can, but can he get me for abandonment?
I do not practice law in South Carolina. Therefore, I cannot inform you as to the specific laws of South Carolina and can only provide you with general tips on your situation.
Every state has different laws when it comes to abandonment so it is important that you consult with an attorney in South Carolina right away to determine what issues may result for you because of leaving. That said, it’s difficult for me to address your question any further because I’m not clear on the facts. You reference your ex-husband, so I’m assuming that means you have already gone through a divorce proceeding and are wondering about abandonment as it relates to your legal rights to your children, rather than how abandonment might impact a divorce.
If you left due to abuse and are maintaining a relationship with your children and are attempting to provide support to them, and they are currently in the care and custody of your ex-husband, then it is less likely you could be determined to have abandoned the children.
Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in South Carolina and how they impact your potential case.