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?
Lv 5
? asked in Politics & GovernmentLaw & Ethics · 1 decade ago

Did she legally abandon her child?

OK quick background...My cousin had a baby. She doesn't take care of her my Aunt and her little sister do. Recently she flew out to colorado to see a friend. She 'conveniently' missed her flight home. She has told my sister through text messages that she isn't coming back. She has called a grandmother and asked her to send her money so that she and the friend she went out to see can get and apartment. She has been gone for about 2 weeks.

In Ohio, did she legally abandon her baby? If someone called CPS would she get in trouble? She hasn't said to, but we all know she doesn't want the baby, and her mother is willing to take care of the baby. She leaves the baby at home with her mother and goes out and parties. I just want to know how long she has to be gone for it to be abandonment. The father is not in the child's life. And if it matters the babies mother is only 18.

Update:

Please enlighten me as to what 'life changing decisions' an 18 year old needs to make? She doesn't take care of the baby!!! She says she went because 'she just needed a vacation and to get away for a while'. She is never home with the baby for more then 48 hours! She has no job! And, I am saying something because I love this baby as if she were my own! That and the fact that it is my business now because the childs grandmother is going back to work (as a teacher) and needs someone to watch her during school hours and I stepped up ad said I would.

9 Answers

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  • PK
    Lv 5
    1 decade ago
    Favorite Answer

    Did she mention coming back for the baby? If so, then no, she did not abandon her child.

    If she did not, or will not, be coming back to get her child, then she most certainly did abandon her child. You may call CPS, but they won't do anything. Not for a while anyway. The mother has to be gone for a time before they will consider the child abandoned (they will tell you how long when you call.)

    I am having the same issue with my little sister. My sister (19) and nephew live with my mother who cares for the baby as well as paying for him, all the while my sister is taking her government check and using the money to party with her friends.

    This may sound harsh, but I think people like my sister and your cousin need to have their child bearing abilities taken away. If they can't get pregnant (and God knows they are not going to take that precaution on their own) then they can't make babies they won't take care of.

  • 1 decade ago

    Call Child Protective Services or Welfare in your state and file a complaint of abandonment and neglect. Or see an attorney who specializes in Family Law and file a petition for custody with the court. Getting a lawyer is faster and easier than dealing with overloaded state employees. Plus, the child could be taken until the whole matter is investigated and sorted out if you deal with the state. At least with an attorney, you can arrange temporary custody on an emergency basis while matters are investigated and sorted out.

    If anything happened to that child (got sick, fell down), you could not authorize medical care without proper legal authority. Get it done - today!

  • Anonymous
    5 years ago

    Actually they aren't taking any child over 17. I do understand you getting the 19 in there. In Nebraska one is not a legal adult until the 19th birthday. I am actually glad this is happening as they are finding that supportive services for families with children in distress are sorely lacking. And they are also apparently lacking in other states as well. Children from Georgia, Michigan, and Iowa have been driven to Nebraska and left as well. And once they reset the the age they will enact the emergency provisions to make it become law immediately. I hope they reconsider and make the age limit 30 days.

  • ?
    Lv 4
    1 decade ago

    This varies by state...but someone needs to file for "non parental custody" or a form of guardianship in case that poor baby gets sick or has an emergency...without some form of legal guardianship, you may be prevented from getting the help needed if a situation arises.

    Normally in all states abandonment has to be for a specific time, and in two forms...it varies from six months, to years...and it has to be both financially and physically...It will be the person who files burden of proof to prove both.

    The burden of proof also extends to whomever files, to find the biological father of this child.

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  • 1 decade ago

    The answer is NO, she abandon her baby illegally, yo can tell her to legally give full custody to her mother so in a few years she can't come and say she is taking the kid! and if she refused you can go to a court and claim the custody it will be granted she will not be in treble because she left the baby in good hands with family,

  • 1 decade ago

    Check with Family Court in your county & request a Social Worker to intervene. He/she will guide you through the process.

  • Liz
    Lv 7
    1 decade ago

    I would say as soon as she actually rents an apartment it is official. Your Aunt should go to court to get legal custody.

  • The child can only be adjudged abandoned if you get the authorities involved. I hope no one is sending her money.

    it sounds like abandonment to me

  • 1 decade ago

    She didn't abandon the baby if she left it with a trustworthy and caring adult.

    Many parents need time away from their children to make life changes which are beneficial to both parent and children.

    Sounds like you need to mind your own business-unless this is hurting you-stay out of it.

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