what is the citation to state statue for petition to declare child free from parent's custody and control for abandoment
Can they? Yes. Can they do it without being in violation of the state (or country if outside the USA) statute outlining what constitutes abandonment? No.
There is no statute on the Missouri books to permit charging a parent with abandonment who has not seen the child. Please see for yourself in the related link below:
Generally, road abandonment is addressed in your state code of law.
That depends on state law where the child legally resides (or country if outside the USA). Every place has a different statute or guideline regarding what constitutes abandonment and in all cases, any extenuating circumstances are taken into consideration before making such a ruling.
How long can a parent go without seeing a child before its considered abandonment in the state of Pennsylvania
Abandonment of a child is defined in Arizona Revised Statute Section 8-201(1) as failing to supervise or support a child with the intent to allow that neglect to go on for an indefinite time. If this form of neglect continues for a period of six months the statute presumes the parent has abandoned the child. However courts will consider certain extenuating circumstances on the part of the parent accused of child abandonment before making a final determination. Consult an attorney specializing in family law for more information.
If a child has been left with no money, inadequate food, no shelter, and no clothing; this is considered child abandonment. In Georgia, the state can take the child away because this is considered abuse.
Once a citation has been issued, it is not subject to a statue of limitations. The offender has already been informed of the violation.
First you check your state's statute regarding what constitutes abandonment. In some states, not paying support but abiding by visitation would not constitute abandonment. In all states, the period of time before a finding of abandonment is made may vary or there may be no specific period of time, rather the court decides (there is a 6 month general rule of thumb, but that is not carved in stone). And in all cases, any extenuating circumstances are considered. For instance, if a parent is indigent, incarcerated, hospitalized, etc., the may not be found to have abandoned their child.
The abandonment of a minor child is not necessarily defined as the actual physical leaving of a child, that is a different matter. Abandonment is defined as the non compliance of the obligated parent to financially support his or her biological child. There is of course the act of physical abandonment which is related to the placing of a child in a dangerous or unsuitable environment, in which case several criminal charges would be applicable depending upon the specific circumstances.
The statute of limitations is the time in which the prosecutor or state has to press charges against you. The statute of limitations is different for each state, and is generally 3-5 years, unless the citation involved a hit and run, or manslaughter.
No, you are obligated to care for your minor child until they are emancipated and this would be child abandonment.