My daughters father has not seen her for over a year and he just left without telling me he was leaving. I do have a child support order and I have full custody of her. Im just afraid that he will try to take her away from me later in life and i dont want her to go through that because Im with a man right now that she loves and he has been there for her pretty much since shes been born. How do I file for abandonment on him and when could I file.

SmartAlex

Hello friend, Thankyou for your question.
Please let me know what state/country you are in?
Sincerely,SmartAlex

JennaVanloon

I am basically in the smae situation..I would like to know also..

SmartAlex

Hello, because sometimes there is a difference depending on where you live,it's important to let me know so I can help. Waiting for you,
Sincerely,SmartAlex

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JennaVanloon

I live in texas

excon

Hello samm and you too Jenna:

Child abandonment is a criminal offense. The term doesn't fit your circumstances. Today, abandonment of a child is considered to be a serious crime in many jurisdictions of the United States due to welfare concerns. For example, in the state of Georgia, it is a misdemeanor to willfully and voluntarily abandon a child, and a felony to abandon one's child and leave the state.

Your respective spouses did NOT abandon their children.

What I think you're both trying to attain, is the removal of the fathers parental rights. You can't do that. He HAS rights, and he will until the child is 21. Maybe he'll seek to use them, and maybe he won't. But, it's up to him.

excon

Potatodad

Perhaps in Georgia a parent can walk out his or her child's life for whatever amount of time and not risk losing parental rights.

In Texas:

1. A parent who leaves their child with anyone other than the other parent for more than 3 months can lose parental rights.
2. A parent who leaves their child with anyone including the other parent or CPS for more than six months can lose parental rights.

Keep in mind, leaving the child means leaving the child without support, significant contact, no information on whether or not that parent intends to return or pick up the child, and showing an extreme disinterest in the child. The statute is out there on the net; you can read it yourself and see all of the details.

There's also alot of other things that can be taken into consideration that can weigh in your favor or not and most judges will look at all of that. It's best to throw everything you have into whatever you file. No lawyer will tell you that you have a slam dunk case. If they do, fire him or her. But since the courts generally favor moms, you should be in pretty good shape unless you're contributing to the absence of dad in some way.

dawne98

I live in new york and i would also like know my dd is 10 year old and up to last year we lived in Fl then we moved to new york and now her father after 10 years wants to get custody we have never gone to court for anything so can he do that and what will happen?

excon

Hello dawne:

You should start your own thread. Maybe someone will do it for you.

You need to go to court to get custody legally established. I doubt that he'll win, unless he can prove that you're unfit as a parent. It'll be a BIG help if you hire a lawyer. I mean really, REALY big help.

excon

Dlady

I have a situation to where the father has given us the baby to keep while the mother is in prison (due for parole in Aug) and the father is not stable or fit to parent his child. We have had him for 3months and now he wants to hook up with another woman and move across the state line with him, to lord knows where. We need some type of emergency custody filed? Any advice on what to do?