- February 9, 2024
- Posted by: legaleseblogger
- Category: Related News
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The Legal Ramifications of Abandoning Children and Its Impact on Custody Rights
As a devoted spouse and parent of two wonderful children, I can’t fathom ever considering abandonment as an option. However, I can’t help but question the legal implications of such actions and the potential repercussions for those who choose to abandon their parental responsibilities.
I often come across stories of parents who chose to leave their families and have no desire to seek custody of their children. Isn’t this a form of child abandonment, especially if there is no formal custody arrangement in place? It seems unjust that both parents could potentially face legal repercussions if they were to abandon their children, yet the first to do so may not be held accountable for their actions.
Furthermore, I have seen posts from parents who have children with severe medical needs, expressing the challenges they face. People often suggest giving up their parental rights if they are unable to provide adequate care, but legally, is this even an option? Can a parent simply relinquish their responsibilities by surrendering their child to child protective services after they are beyond the age of safe haven laws? It’s a morally complex issue, but from a legal standpoint, it seems difficult to simply walk away from these responsibilities.
Moreover, if both parents are legally obligated to care for their children, why does it seem that one parent can leave without facing the same legal consequences? It raises serious concerns about the inequality in accountability when it comes to parental responsibilities.
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****** just grabbed a
You can sign custody over to the state. But you still have to pay child support unless/until the kid is legally adopted.
This varies greatly by state. In some states, you can voluntarily surrender your kids to DCFS, or refuse to pick them up if they are hospitalized and they will be turned over to DCFS (this is a way that some desperate parents of kids with severe emotional/behavioral issues get them into residential care when other pathways fail them). Typically the parents have to pay child support. In some states it can result in abandonment charges and in others if you do this with one child they will take your other children. Alternatively, there are long term care facilities in some places for kids with physical disabilities/medical issues, and residential facilities for children with extreme mental health problems, but often these are hard to get into/take a considerable amount of money (thousands of dollars a day for mental health facilities).
My ex-husband and I asked DCFS to take custody of our stepchild when they became a danger to us and our other children and we ran out of other options to get them help, and fortunately in our state it did not result in any charges or our other children being taken. It was filed as a ÔÇ£dependencyÔÇØ case and the official paperwork said that we were unable to meet their needs, which was true. My ex still has parental rights and is involved with their education/healthcare and is able to advocate for them. I imagine if he did not want any involvement his parental rights would eventually be terminated, but we didnÔÇÖt want to abandon them, just couldnÔÇÖt safely have them in our home. After joining support groups for other parents in our position we discovered many others who had to do the same. ItÔÇÖs disgusting that anyone is made to feel that thatÔÇÖs their only option, but there is not enough help out there anywhere for people struggling with extreme parenting challenges.
Anyway, that was more than you asked, but in short, yes, two parents who donÔÇÖt want their kids can sometimes just surrender them. They can also informally give them to another safe person- there is no law that I couldnÔÇÖt just take my two children and drop them off at their grandmaÔÇÖs and fuck off to live my own life provided grandma agreed to raise them. A non-custodial parent can similarly fuck off as long as they are leaving them safely with their childÔÇÖs other parent. In any case theyÔÇÖre still financially responsible.
Who says 1 can walk away? TheyÔÇÖre still on the hook for supporting the child. As both would be if they abandoned their parental duties together.
Depends where you live. Some places have safe haven laws that apply up to a certain age with safe places to hand over your kids. But i think it is mostly illegal to just abandon them.
I worked as a cps investigator in SC. If a parent decided they were not able to care for their child anymore they could voluntarily place their child in foster care but with that there would be a neglect finding against them in the database here in SC. Basically anyone on that registry could not be employed as a doctor, nurse, therapist, teacher, etc. There is a slight chance there could be criminal charges but that is highly unlikely here. In SC Safe Haven laws protect against criminal prosecution but dont protect against being placed in the central registry. Im. It entirely sure how I feel about that though.
I work at a pediatric emergency room. We had a couple bring in an 18 month old baby: Several physical issues, as well as being blind. The couple wanted to give up the baby – and we happily took him, and cuddled the heck out of him until CPS arrived. It doesn’t happen a lot – but it happens.
Neither parent can legally just walk away.
The fact that dead beat parents exist is a result of people allowing it to happen. I know people who have had wages garnished and even spent a few nights in jail as a result of refusing to pay child support and child abandonment. The problem is a lot of time the other parent (which is typically the mother) won’t push hard enough to make anything happen. How often do you see mothers complaining about dead beat dads yet refuse to take them to court? It is sadly extremely common. And on the other side you frequently will see fathers denied visitation and refuse to go to court over that as well.
Now aside from that, sure there are ways that you can put a child up for adoption or they can become a ward of the state, that become exponentially harder the older they get and doesn’t always discharge the financial responsibilities.
Thank goodness you have two easy kids based on your replies in these comments. Jfc.
I heard the Liberal Democrats have a plan to extend abortion up to 2 years of age!
I am not a family law attorney, but as I see it….
If one parent (we will call this the non-involved parent) is not taking any physical or financial responsibility for their child, then it’s up to the involved parent (not the state) to try and hold the non-involved parent accountable. However, if both parents are not taking physical or financial responsiblity for their child (and no relative has come forward to take physical and financial responsiblity for the child), then the state can try to hold both of the parents accountable.
I don’t know if “accountable” could involve the state suing the parents to pay for the services provided by the state to the child, or the state filing criminal charges against the parents, or both.