Can I file for child abandonment if the father of my kids pays child support but has never saw them? 16 Answers as of May 28, 2013Twins will be two in January and the father hasn't met them. I have taken them to his mom/sister and still no luck. He shows no real concern for them. He took the paternity test only after I filed for child support and they located him, which took 11 months. I do not know where he actually lives but I did have his SSN. I'm trying to find out if his actions qualify for child abandonment even though he pays child support.
The Law Office of Cathy R. Cook | Cathy R. Cook
There is no abandonment in Ohio. If you are married and your spouse agrees to adopt the children, it can be done without the father's consent if he has not seen the children for 1 year. Of course, if this occurs, the father will no longer be required to pay support.
Answer Applies to: Ohio
Walpole Law | Robert J. Walpole
Your query raises some interesting questions. I understand your wish for your children to have a father. But, besides the obligation to provide monetary support for which a person can be not only civilly but criminally liable if one failes to pay, there is no legal obligation to provide any personal, psychological, and emotional support. For some reason, he is not interested. So I ask myself whether you have another reason to have contact with him. That is for you to answer. But there is a silver lining to this situation. Should the situation arise, at least in Oklahoma, a custodial parent with a new spouse can ask a court to allow an adoption for and on account that the other parent has "not maintained a material and substantial relationship with the minor child for 12 consecutive months out of the last 14 months immediately preceding the filing of the petition for adoption of the child." So, if he will not be involved as time goes by at least you may have an option in the future. In that event, you shoud contact an attorney. In fact, before you permit any visitation by the father with these young children, you should consult an attorney because you probably do not want to allow unregulated and/or unsupervised visitation with a man young children do not know.
Answer Applies to: Oklahoma
Peters Law, PLLC | Mark T. Peters, Sr.
What good would that do? You are still getting child support and he is out of your hair. If there is not custody order in place, you might want to ask the court to give you sole legal and physical custody based on his interest in the children. You won't be able to cut off his rights unless you have somebody willing to step in and adopt them as the father.
Answer Applies to: Idaho
The Legal Center | Richard Manwaring
Not quite sure what you are after. I would not classify your situation as child abandonment, and even so, what would be the gain in having that finding. You already have a paternity test done and have a child support order. It appears that he has no interest in the children, so you have full custody by default. Unless you have something else you are after I recommend you let things set as they are.
Answer Applies to: California
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
If what you are asking is whether you have grounds to seek an involuntary termination of his parental rights, you probably do. But if that happens, support will come to an end So will your twins' right to inherit from him. Find a good family lawyer for more advice and representation.
Answer Applies to: Wisconsin
The Law Office of Erin Farley | Erin Farley
One parent has left the child in the care and custody of the other parent for a period of one year without any provision for the child's support, or without communication from the parent, with the intent on the part of the parent to abandon the child." Although your facts may technically fall into the abandonment category, the process is a tough one because the court wants kids to have two parents (ie, it is easier if you had someone willing to step in and adopt). Make sure you have a sole legal/sole physical custody order.
Answer Applies to: California
Reza Athari & Associates, PLLC | Seth L. Reszko
Whether to terminate the father's termination rights will be up to the Judge. The Judge will consider what is in the child's best interest and because you are receiving child support that will be a factor that the Judge will consider in denying the termination. Maybe the father also wants to terminate his parental rights and that might play a factor in the decision. Nevertheless, you do have a claim of abandonment to raise to terminate the parental rights of the father. I would recommend hiring an attorney to do this.
Answer Applies to: Nevada
Reeves Law Firm, P.C. | Roy L. Reeves
Why? What do you hope to gain? At this time, you are getting child support and he is not exercising any rights. If he showed up with no notice you could justifiably deny the visit. All he could do is run to court and ask for an enforcement in which case you point out the 2 year of no contact and the judge will fuss at him, tell him to be a part of the children's lives or not, choose and if he chooses to do so, the Judge can and will likely put some step-in provision in place. For the record, what you describe is an absentee father, but it is not "abandonment" in Texas.
Answer Applies to: Texas
Stephen Spring | Stephen Spring
Perhaps you should contemplate moving for sole custody or joint custody with you as primary domiciliary parent with extremely limited visitation since he takes no interest in the children. Another approach may be to move for an increase in support with the end in mind of settling by leaving support the same with obligation of visitation by him. The petition for increase in support will certainly get his attention so you should have a captive audience to hear you out about the importance of his participation in the lives of his children. Seems one would think his participation is a given, but then, as they say, normal is a setting on a Maytag washer. Hope that helps.
Answer Applies to: Louisiana