Abandonment and Non-Support is a Crime in Idaho

Both as a Boise Divorce Attorney and an Idaho Criminal Attorney I often am asked what can be done when a parent abandons his or her children. Abandonment of a child under 18 years of age is a crime in Idaho. What exactly constitutes abandonment in Idaho?

Idaho Code 18-401 states that abandonment is when one intentionally and willfully fails to provide a child with the necessary food, clothing, shelter or medical care. Abandonment is a felony and is punishable by up to a $500 fine or up to 14 years in prison or both.

Although it is a crime in Idaho it is not regularly pursued. People often feel that if a parent fails to have anything to do with the child then it is better for them to be out of their life anyway. It is also often the case that the abandoning party claims that the other parent prevented them from having contact with their child.

To pursue a case of abandonment it would be important to provide evidence showing that the other parent was not prevented from making contact and that no support was offered.

This code section also applies to abandonment and non-support of your spouse. If you intentionally and willfully leave your spouse in a destitute condition, when you yourself have the means to support yourself and your spouse or if you willfully refuse or neglect to provide your spouse with the necessary food, clothing, shelter or medical care you can be found to have abandoned your spouse or found to have failed to support them. Unlike abandonment of a child, this particular form of abandonment is dependent upon the spouse's behavior. You can be justified in abandoning your spouse if your spouse's misconduct forces you or warrants such behavior.

If you need to speak to a Boise Divorce Attorney or an Idaho Criminal Attorney call (208) 472-2383 or visit www.lawboiseid.com or www.divorceboiseid.com