Termination of Parental Rights in Alabama Under Alabama law, there are several situations in which a court may order the termination of parental rights for one or both parents. A divorce based on abandonment cannot be filed immediately following the act of desertion. Among the potential grounds for divorce is abandonment. The Difficulty of Claiming Abandonment as Divorce Grounds in Alabama, Alabama State Bar: Legal Aspects of Divorce, DivorceSource.com: Alabama: State Divorce Laws, DivorceSupport.com: Alabama Property Division Factors. You will, however, pay for your desire to no longer be your sick spouse’s caretaker. In some circumstances, a parent can relinquish parental rights. (a) The circuit court has power to divorce persons from the bonds of matrimony, upon a complaint filed by one of the parties, entitled “In re the marriage of ․․․․․․․․․․․․․․․․․․․․․․․․ and ․․․․․․․․․․․․․․․․․․․․․․․․,” for the causes following: In the event that the other spouse’s address cannot be found, individuals initiating a divorce are required to provide a court of law with a sworn statement regarding the situation. If you are interested in claiming abandonment the grounds for divorce or have a spouse who is in the process of filing an abandonment claim against you, do not hesitate to contact a skilled Birmingham divorce attorney. Abandonment can also be the cause of termination of parental rights. She holds a B.A. We are providing this Alabama divorce information as a reference guide to help you through the process. *Visit our Terms of Use page to learn more, 13521 Old Highway 280 The Narrows, Suite 117, Email: advice@alabamadivorceandfamilylaw.com. This means that they will be divided fairly and equitably, although not necessarily on a 50/50 basis. However, since you can get a divorce with or without your spouse's permission in no-fault states, filing on the grounds of abandonment doesn't hold much legal water these days. Abandonment Divorce - Understand Abandonment Divorce, Divorce, its processes, and crucial Divorce information needed. Cindy Chung is a California-based professional writer. Alabama Code - Section 13A-13-5: ABANDONMENT OF CHILD (a) A man or woman commits the crime of abandonment of a child when, being a parent, guardian or other person legally charged with the care or custody of a child less than 18 years old, he or she deserts such child in any place with intent wholly to abandon it. The plaintiff must state the grounds claimed for the divorce in the complaint. If an absent spouse does not reply within a specific time period, the divorce process may also still continue. In Alabama, you can file a divorce based on fault grounds, or you can file a no-fault divorce. You are free to walk away from a sick spouse but the courts will view that spouse financially dependent upon you and will hold you financially responsible for helping maintain the care needed via a court order. She writes for various websites on legal topics and other areas of interest. Under Alabama law, abandonment is a parent’s intentional, voluntary relinquishment of the custody of a minor child. No credit card is needed to start. Under longstanding Alabama law, a divorce court could not allow one party a share of the other’s retirement account unless the couple had been married for at least 10 years. No-fault divorce laws are in place to make sure anyone who wants a divorce is able to get a divorce. Law for Families provides all the legal information that you and your family need. If the wife is the parent who abandoned the family, the Alabama court generally must award custody of children older than seven years of age to the children's father unless he is not suitable or fit to parent. Abandonment in Alabama can affect a court’s determinations of how a couple’s property should be divided. Try Before You Buy! There are not separate abandonment laws in Alabama. Read More: The Difficulty of Claiming Abandonment as Divorce Grounds in Alabama. Some specific examples of abandonment include when: one spouse physically leaves the other spouse, an individual that has moved fails to support the other spouse, or the individual who moved out of the marital home refuses to have intercourse without justifiable reason with the other spouse. A parent may abandon a child by withholding their presence, love, care, maintenance, protection or the opportunity to receive family affection. Under Alabama law, a parent also commits abandonment if he or she fails to claim their parental rights or fails to fulfill their parental … Although the judge might make an allowance from the couple's marital property, the judge cannot include property earned or acquired before marriage or received as a gift or inheritance during the marriage. Child abuse laws differ by state, both in how they define child abuse and how the laws are enforced. A spouse can claim abandonment if the other spouse has left without discussion or any plans for support and payments for mortgages and other necessities. • Requirement 1: Plaintiff must be a bona fide resident of the state of Alabama for at least six months before filing (if Defendant is a non-resident). This means that one spouse leaves without the intent of returning. To be considered child abandonment in Alabama, a parent or legal guardian must leave a minor child with no money, clothing, shelter, food, or communication for over 3 months. Spousal abandonment is a fault ground for divorce with potential consequences in property division, alimony and child custody. The Alabama State Bar requires the following statement: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. Abandonment and Leaving the Home It is possible that the other spouse will have a higher chance of keeping the marital home if the individual leaves the property without consent, without communicating the matter and with the intent of leaving the marriage. It is also considered abandonment if a parent does not have a good cause or excuse and withholds certain needs of the child. In particular, Alabama law establishes an abandoned spouse's right to support and penalizes an absent spouse for desertion. Alabama state laws establish spousal rights in marriage and divorce after abandonment. 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