Can I file abandonment on his father? 10 Answers as of May 05, 2011

My son’s father has not seen him in almost 2 years. Can I file abandonment on his father?

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Abandonment is a factual inquiry. If the father has voluntarily not seen the child, and there are no other extenuating circumstances, you may be able to terminate parental rights, if that's what you mean by "file abandonment.". However, the courts are generally reluctant to leave a child with one less parent. If you just mean divorce him on the basis of abandonment, then absolutely. Stay well.
Answer Applies to: Alabama
Replied: 5/5/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You can always file for abandonment, more time just makes it easier.
Answer Applies to: California
Replied: 5/3/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
No. There is no such private action possible in Colorado, unless there is another man seeking to terminate the bio father's rights for the purpose of a step-parent adoption or some other kind of adoption proceeding that would provide a "replacement" parent.
Answer Applies to: Colorado
Replied: 5/3/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
No, but you can force him to pay child support. Let me know if you want a lawyer to help you.
Answer Applies to: New Jersey
Replied: 5/3/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
You could file to remove his custody visitation or parental rights.
Answer Applies to: Connecticut
Replied: 5/2/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    I'm not sure what you mean by "abandonment" but if you mean can you try to stop him from seeing him in the future, yes, you can try, but most courts will not stop him just for not seeing him. If he also failed to support him, then that's another thing. Speak to a matrimonial attorney for more information.
    Answer Applies to: New York
    Replied: 5/2/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    There is no such thing as a legal action for abandonment in the State of Minnesota. Abandonment may be used, however, as a factual basis to seek a termination of parental rights. If parental rights are terminated, that person would have no legal right to custody or parenting time. They would also not have a prospective obligation of child support.
    Answer Applies to: Minnesota
    Replied: 4/30/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    If your child has abandoned hischild by not seeing his child for nearly two years, you would best file an Order to Show Cause to modify (or terminate) his custody and visitation rights and modify Child Support, ifhe hadcustody or visitation rights, and if you had a Child Support Order based on a custodial timeshare that awarded him a certain amount of time with your child. If you receive Child Support through a child support agency case, you should contact the child support agency to advise of the father's lack of contact with the child so that the child support agency can seek a modification of Child Support based on the father's zero timeshare. Other than that, abandonment does notcomprise grounds for relief in a divorce, paternity, or a child support agency case. If you have married or remarried and your husband wants to adopt the child,the father's parental rights may be terminated in step-parent adoption proceedings on presentation of evidence that the father has not supported the child and has not seen the child for a period of one year or more.
    Answer Applies to: California
    Replied: 4/30/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Abandonment is a crime. Good luck getting the prosecutor interested when he/she has had their budgets cut and do not have enough time and attorneys to handle assaults, rapes and murders. What will you accomplish? Sue to establish a parenting plan and child support and see if you can get back child support paid. Putting him in jail won't help you to get paid.
    Answer Applies to: Washington
    Replied: 5/1/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    I am not sure what you are asking about. Are you looking to terminate parental rights? If so, then perhaps but why would you unless there was someone else to take his place in their lives?
    Answer Applies to: California
    Replied: 4/30/2011
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