Can I file abandonment and does my husband have rights if I file for child support? 12 Answers as of October 26, 2012

My husband and I have not divorced yet. I have not seen or heard from him since I was 5 months pregnant and he decided that going to six flags was more important than purchasing his medication for bi-polar schizophrenia. I left him shortly after. I alerted him when the child was born and my child is almost 3 years old now. Can I file abandonment and get his parental rights terminated? Or if I go the child support route does he have rights to see him and take him out of my home?

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Law Office of Melvin Franke | Melvin Franke
No, hire an experienced divorce attorney.
Answer Applies to: Missouri
Replied: 10/26/2012
File for divorce. You need support. You may not get his rights terminated as there in no one else to take the rights and state want kids to have two parent but you may get sole custody.
Answer Applies to: California
Replied: 10/24/2012
Victor Varga | Victor Varga
Yes, but you could also just file based upon involuntary 1 year separation. Either one would work as you have been separated for over a year.
Answer Applies to: Maryland
Replied: 10/24/2012
Law Office of Beth Jackson Day | Beth Jackson Day
You can file for abandonment. He has an obligation to pay support whether he sees the child or not so get the support. Worry about the visitation when you see what he does.
Answer Applies to: Maryland
Replied: 10/24/2012
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
What you need to do is file for divorce and get all important issues decided in that case. There is no such thing as "filing for abandonment" in Colorado or most states and you cannot terminate your husband's parental rights in any way other than in connection with an adoption by someone else. Child support will be decided in the divorce case as well as the question of when, how and where your husband will be permitted to be involved in parenting, if a judge believes that is in the child's best interests. His right to be involved in the child's life has nothing to do with whether he pays child support so you gain nothing by letting him off the hook financially. There is nothing you can do to keep him from asking to be involved in parenting the child, but it doesn't appear from your facts that he would have any interest in asking and even if he does there is no guarantee that a judge would give anything more than limited access with some strict rules attached.
Answer Applies to: Colorado
Replied: 10/24/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    That is not abandonment. You cannot file that. A natural parent has God-given rights in Florida.
    Answer Applies to: Florida
    Replied: 10/24/2012
    Burton Guidry
    Burton Guidry | Burton P. Guidry
    In Louisiana we have a criminal statute known as neglect of family. The DA is the officer who would pursue this. Also in order for him to lose parental rights he must be ordered civilly to pay support and fail to pay for at least three and maybe five years before his parental rights can be terminated, unless he commits some crime against the child, so criminal neglect charges may be your best and quickest route but under all conditions, you must file for a divorce. Get a lawyer since custody and support are involved.
    Answer Applies to: Louisiana
    Replied: 10/24/2012
    John Russo | John Russo
    How are you going to get his parental rights terminated? I don't know who you have been talking to but you can scratch that off your list of things to do that's not happening. Unless you are remarried and your new spouse has filed an adoption petition.
    Answer Applies to: Rhode Island
    Replied: 10/24/2012
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    Too many questions that depend on the facts. You'll need a lawyer to go over each of your questions where he can ask for other information. For example, you left him so who abandoned who. Fathre always has a chance for joint custody. You have too many issues to be answered on a website.
    Answer Applies to: Alabama
    Replied: 10/24/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You appear to have grounds to claim abandonment and for a possible termination of his parental rights. It is also possible for him to be required to pay child support even if he has no parental rights although is a parent is paying support the counts will generally seek to allow parenting time. You need an attorney to plan you actions and close this chapter of your life.
    Answer Applies to: Michigan
    Replied: 10/24/2012
    Burnett Evans Banks
    Burnett Evans Banks | Paul Evans
    Absent the adoption of your child (for example, by a step-father), you will not be able to terminate the parental rights of the natural father. However, you can and certainly should pursue a child support order, which would not automatically involve any rights to bio-dad regarding custody or visitation. Those issues do not need to be raised by you, they are bio-dad's to raise, should he decide to pursue them. Even if he did attempt legal action to assert his parental rights, three years of total abandonment will not help his case.
    Answer Applies to: Missouri
    Replied: 10/24/2012
    Langford Law Firm
    Langford Law Firm | Theresa Langford
    It's impossible to predict the future of what may or may not happen. You can file for divorce, and ask the court to determine orders regarding child support, conservator ship, possession and access. His past behavior and medical issues are relevant evidence and will be considered by the court in making these decisions. Alternatively, you can ask to terminate his parental rights, but courts rarely grant this, since the law believes both parents should be responsible for the support of the child.
    Answer Applies to: Texas
    Replied: 10/24/2012
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