Discovering Your Legal Options When Child Abandonment Occurs

A prospective client once called to say: "My husband packed up and moved out, abandoning my kids and me. Can he be charged with abandonment? What can I do?"

The answer is that you were not abandoned, by any legal definition, but that the action could have significant consequences. Delaware is a no-fault divorce state, which means that you only need to state that the marriage is irretrievably broken and that there is no likelihood of reconciliation. Any of the following meet the definition of irretrievably broken:

  • Voluntary separation
  • Separation caused by your spouse's misconduct
  • Separation caused by your spouse's mental illness
  • Separation caused by incompatibility

If your spouse has left you, you may want to file for separation and divorce, to protect yourself against financial actions your spouse may take that will affect you. You will likely want to file a petition for custody of the children and another for payment of child support.

Wilmington Child Abandonment Attorneys

When you have questions like this, you need to discuss them with a competent, sympathetic family lawyer like Jennifer Mensinger, Rachelle Cutrona, or Jennifer Ellsworth-Aults. It is difficult, in the midst of family turmoil, to have a clear understanding of what lies ahead. Our attorneys are sensitive to this uncertainty, and can explain what happens next and what your options are.

New Castle County Spousal Abandonment Attorneys

Family law problems deserve superior representation. Call the Wilmington child abandonment attorneys at Poole, Mensinger, Cutrona & Ellsworth-Aults, at 302-428-0100 or contact us by email. First consultations at Poole, Mensinger, Cutrona & Ellsworth-Aults, are offered at a discounted rate. We accept Visa, Mastercard and Discover.