Top Townsend, DE Child Abandonment Lawyers Near You
Renaissance Centre, 405 N. King Street, 8th Flr., Wilmington, DE 19801
300 Delaware Ave, Suite 1015, Wilmington, DE 19801
1201 North Market Street, Suite 800, Wilmington, DE 19801
1201 N Market St, Suite 1407, Wilmington, DE 19801
222 Delaware Ave, Suite 1410, Wilmington, DE 19801-1621
Nemours Building, 1007 N. Orange Street, Suite 600, Wilmington, DE 19801
2 Penns Way, Suite 300, New Castle, DE 19720
1201 N Market St, Suite 1200, Wilmington, DE 19899
123 S Justison Street, Suite 100, Wilmington, DE 19801
222 Delaware Avenue, 7th Floor, Wilmington, DE 19801
221 W 10th St, Suite 412, Wilmington, DE 19801
300 Delaware Avenue, Suite 1010, Wilmington, DE 19801
222 Delaware Ave, Suite 1050, Wilmington, DE 19801
100 East 14th St, Wilmington, DE 19801
252 Mariners Way, Bear, DE 19701
824 N Market St, Suite 805, Wilmington, DE 19801
712 West Street, Wilmington, DE 19801
1201 N Market St, Ste. 1100, Wilmington, DE 19801
1400 Peoples Plaza, Suite 121, Newark, DE 19702-5706
3200 Concord Pike, PO Box 7329, Wilmington, DE 19803
1716 Wawaset Street, PO Box 188, Wilmington, DE 19899
Liberty Plaza, Suite 11A, Newark, DE 19711
1228 North King Street, PO Box 1795, Wilmington, DE 19899
1701 North Market Street, PO Box 248, Wilmington, DE 19899
222 Delaware Avenue, Suite 1101, Wilmington, DE 19801
Townsend Child Abandonment Information
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Child Abandonment Cases
A child may be deemed abandoned in a variety of ways ranging from leaving an infant on a doorstep to parents being unwilling to provide care, support or supervision of a child. The exact situations that count as child abandonment vary from location to location, so it is best to contact a local attorney know precisely constitutes child abandonment in Delaware.
What Is Child Abandonment?
Child abandonment typically refers to an offense in which one or more parents knowingly and intentionally deserts a child without regard to the welfare of the child or fails to provide the necessary and required care of their child, leading to gross neglect.
In less grave circumstances, child abandonment cases can also be brought against defendants on the basis of more technical matters, such as leaving the child in the care of a non-relative or non-custodial guardian for more than three to six months without making contact or providing financial support to said child.
How to Prove Child Abandonment
In more egregious cases of child abandonment, it is evidently clear to investigating authorities that child abandonment has taken place such as eyewitness accounts, no parent present, no guardian present, the child living in squalor or suffering from obvious malnutrition.
However, in many cases, the nuances surrounding a child abandonment case may actually be a matter of contested facts or circumstances between the prosecution (representing a private plaintiff, whether a spouse, ex-spouse or family member attempting to annul parental rights of the alleged offender) and the defendant.
In these cases, the prosecution typically looks for firmer evidence that meets the requirements for termination of the defendant’s parental rights and any further penalties belonging to the alleged abandonment according to state statutes. For example, illustrating via a lack of messaging and/or money that the defendant likely did not make any effort to contact or support a child legally under their care.
How Many Days Away Is Considered Child Abandonment?
The answer to this question depends entirely on the state in which the plaintiff is pursuing charges. In some states, a definite time frame is not laid out in contested cases where a parent may be making “token” or “incidental” visits to the child they are legally responsible for, fostering no meaningful relationship over a long period of time, etc. However, if the parent(s) cannot be found by authorities after a 60-day search period in more obvious cases of abandonment, that is the legal deadline before charges can be filed.
In other states, if the child has been left without proper documentation (birth certificate) by the legal parent(s), or if the parent(s) have left the child in the care of another person for at least six months with no material support or connection, or if the plaintiff themselves has been caring for the child for one year without any material connection being made from the defendant to the child this can be grounds to form the elements of a child abandonment case.
In general, these rules apply more broadly to most states, with the vast majority of U.S. jurisdictions having enacted similar statutes regarding the practice of child abandonment.
Can You Go to Jail for Child Abandonment in Delaware?
Yes. Child abandonment is a serious offense and those convicted of it are likely to face incarceration as well as monetary fines.
What Is the Penalty for Child Abandonment?
The penalty for child abandonment depends both upon the state statutes relevant to the case (which state the case is being tried in) as well as the severity of the situation surrounding the abandonment, with a focus on the particulars.
In certain states, child abandonment can be classified as either felony or as a misdemeanor. The former can result in a possible six-year prison term, while the latter can see those convicted facing up to a year in jail in addition to a fine of $2,000.
Can a Lawyer Help With Child Abandonment Charges?
If you are facing charges related to child abandonment, your first step toward resolving the matter should be to contact an experienced criminal defense attorney.
A skilled attorney familiar with child abandonment cases, case law and the precedent established by former state court judgments is an invaluable asset in protecting yourself. A lawyer familiar with these matters can advise you as to how best to proceed with your case.
A conviction related to child abandonment can lead to a lifelong criminal record, and so it is vitally important to secure adequate legal counsel before proceeding.
If you have been charged with the crime of child abandonment, you need legal representation. Each state has its own child abandonment laws categorizing child abandonment as either a felony and other states may categorize it as a misdemeanor. For information regarding the penalties and punishment for violating child abandonment laws, contact an attorney.