[Amber8428]

My oldest is 8 and his dad has not seen him in 7 years. Has not tried to contact in anyway. He is ordered to pay support but has not. Since he was threatened with jail time if he didn't, I recently started getting some. I understand under abandonment, he would have to leave him in harms way, but can't I fill for it? Or at least something?

[ballengerb1]

The child was apparently in your care for the last 7 years so this would not be abandonment. Were you two married or what?

[JudyKayTee]

What is your purpose in filing for "something"? What do you want to accomplish? He isn't seeing the child now so that can't be an issue.

Does he have Court-ordered visitation?

If he does and you want to change that, then go back to Court and file for a change in the visitation order.

[khaning]

He is not wanting to get custody trust me. He will not even see him more than likely. I went through this with my son, and I know your fears. Fill out the DHS paper work and let them pursue him. You do not have to talk to him, and your kid it the one that will eventually decide he does not want him in his life. I would not take that decision from him. He may resent you later. Talk with him about it openly and tell him when he is 14 he can make the decision. You are a good Mom for the concern, and I know it is hard to imagine him wanting to be with his Dad. They do not know each other and that is punishment enough for now. They both need to get older before making decisions about each other. You just be Mom, because you can not protect his feelings on every issue. This one is going to hurt him. If you make that decision for him it might hurt you later more than you think.

[JudyKayTee]

This is a legal board. We answer legal questions. I realize you are trying to help but I see no legal advice in your post.

This person wants to file for abandonment. There is no such thing under these circumstances and she also has absolutely nothing to gain by trying to file.