Can I file for abandonment if he still pays child support?

harriet678 · #1 Nov 20, 2007, 10:20 AM

Can I legally file for abandonment if my daughter's biological father hasn't seen her in a year but still pays child support? He hasn't made any efforts to see her or call, etc...but he still pays child support. Can I still file for abandonment?

macksmom · Nov 20, 2007, 03:31 PM

Nope...if he is paying child support he hasn't abandoned the child.

s_cianci · Nov 20, 2007, 05:57 PM

Nope. If he's paying child support then he hasn't "abandoned" her.

Shell_Lee · Nov 21, 2007, 12:16 PM

MAYBE!! If the payment is taken out of their paycheck before the father even sees it, then maybe. It all depends on what state you are in though. I would talk with the courts or a lawyer to find out.

And no, abandonment doesn't just deal with divorce. There are so many people out there with children where the other parent has abandoned them. In a situation like that, if there is a step-parent that wishes to adopt the child, abandonment might work.

GV70 · Nov 21, 2007, 02:05 PM

Quote:

Originally Posted by Shell_Lee

MAYBE!! If the payment is taken out of their paycheck before the father even sees it, then maybe. It all depends on what state you are in though. I would talk with the courts or a lawyer to find out.

And no, abandonment doesn't just deal with divorce. There are so many people out there with children where the other parent has abandoned them. In a situation like that, if there is a step-parent that wishes to adopt the child, abandonment might work.

Abandonment or Extreme Parental Disinterest

Abuse/Neglect

Mental Illness or Deficiency

Alcohol or Drug Induced Incapacity

Felony Conviction/Incarceration

Failure of Reasonable Efforts

Abuse/Neglect or Loss of Rights of Another Child
Sexual Abuse

Failure to Maintain Contact

Failure to Provide Support

Child Judged in Need of Services/Dependent

Child's Best Interest

Child in care 15 of 22 months (or less)

Felony assault of child or sibling

Murder/Manslaughter of sibling child

MY OPINION IS-NO!!!

ScottGem · Nov 21, 2007, 04:34 PM

Quote:

Originally Posted by Shell_Lee

MAYBE!! If the payment is taken out of their paycheck before the father even sees it, then maybe. It all depends on what state you are in though. I would talk with the courts or a lawyer to find out.

And no, abandonment doesn't just deal with divorce. There are so many people out there with children where the other parent has abandoned them. In a situation like that, if there is a step-parent that wishes to adopt the child, abandonment might work.

What would it matter how the support payments are made? As long as support is made.

If there is a need to terminate parental rights to clear the way for adoption, an effort has to be made to get the parent's permission. If the parent can't be contacted then a court could terminate rights. However, that is not abandonment per se.

sdc719 · Nov 21, 2007, 05:12 PM

Quote:

Originally Posted by harriet678

Can I legally file for abandonment if my daughter's biological father hasn't seen her in a year but still pays child support? He hasn't made any efforts to see her or call, etc...but he still pays child support. Can I still file for abandonment?

I completely feel you on this one. I am going through the exact same thing. What is it with these men, huh? My ex is has abandoned my son as well but the only reason he pays child support is because his wages are garnished from his job. Is there any hope for us and our children?



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