View Full Version : What now!
rittenberry
Aug 29, 2008, 11:25 AM
Need to know about child abandonment law in the state of Maryland my kids have not heard from their mother in atmost 3 months nor has she paid child support
stinawords
Aug 29, 2008, 11:31 AM
That isn't long enough to use abandonment as grounds for anything. That is what abandonment is for... to use as grounds for something else like a divorce. Have you gone to court to get a support order in place?
GV70
Aug 29, 2008, 11:31 AM
I can see there a history of one parent walking out and leaving the other parent to cope with the children.If you want to termination her rights-you have a case.What do you want?
rittenberry
Aug 29, 2008, 11:42 AM
That isn't long enough to use abandonment as grounds for anything. That is what abandonment is for... to use as grounds for something else like a divorce. Have you gone to court to get a support order in place?
There is a child support order and was orderd to take kids on set dates but 3 months tells all
JudyKayTee
Aug 29, 2008, 11:51 AM
there is a child support order and was orderd to take kids on set dates but 3 months tells all
Then take her back to Court to enforce the support order.
As far as visitation I doubt she was ORDERED to take the kids on set dates - she may have been granted certain visitation but no Court can ORDER you to visit with your kids.
Unfortunately, if you are talking about abandonment, 3 months legally doesn't tell it all.
ScottGem
Aug 29, 2008, 11:57 AM
Child abandonment generally refers to leaving small children totally unsupervised. However, abandonment can be used as grounds for a divorce or TPR. For a TPR it would have be much longer and even then a judge will probably not grant it.
What you need to do is go to the Family Services agency in your area and enlist their aid in collecting the support ordered by the court.
DonaldM_23
Aug 29, 2008, 12:02 PM
How about having your children's mother sign over her parental rights
JudyKayTee
Aug 29, 2008, 12:16 PM
How about having your childrens mother sign over her parental rights
If you research the other threads you will learn this is almost impossible unless someone is available to adopt the children in the place of the parent.
rittenberry
Aug 29, 2008, 12:18 PM
Then take her back to Court to enforce the support order.
As far as visitation I doubt she was ORDERED to take the kids on set dates - she may have been granted certain visitation but no Court can ORDER you to visit with your kids.
Unfortunately, if you are talking about abandonment, 3 months legally doesn't tell it all.
There is a parenting plan she has been ordered
To take the kids every other summer and some holidays
rittenberry
Aug 29, 2008, 12:19 PM
How about having your childrens mother sign over her parental rights
She will never do that she will use them as a cruch
JudyKayTee
Aug 29, 2008, 12:21 PM
there is a parenting plan she has been ordered
to take the kids every other summer and some holidays
I have never seen anything even close to that. What State actually orders you that you have to take the children every other summer and some holidays - ?
So when you take her back for support, throw this in, too.
But then this opens up a whole new question - if she doesn't see them anyway why would you go through the trouble and (slight) expense to remove her rights - ?
rittenberry
Aug 29, 2008, 12:30 PM
I have never seen anything even close to that. What State actually orders you that you have to take the children every other summer and some holidays - ?
So when you take her back for support, throw this in, too.
But then this opens up a whole new question - if she doesn't see them anyway why would you go through the trouble and (slight) expense to remove her rights - ?
Because she will call talk to them tell them she will take them this time but don't thanks for your info the state of TN if this were me the DAD I would be under the jail
stinawords
Aug 29, 2008, 12:57 PM
Actually if is has only been three months you the dad wouldn't be in jail either. What you need to do is take her back to court to have the support order enforced. Was she ordered to pay through the court or directly to you? If it was through the court it will be very easy to show that payments haven't been made. If you can afford a lawyer go on and get one if not the state is on your side when it comes to collecting support.
rittenberry
Aug 29, 2008, 02:40 PM
All right thanks everyone for these responses, but let me try to explain my question a little more.
If I the costodial parent (father) did not give the non custodial parent (mother) the children during the schedule ordered visitation she could file contempt charges on me. If she the non-custodial parent just ups and leaves and in no contact with the children for 3 months + because as of today we still have no contact with her, you all mean there is nothing I can do other than go to court. So again I must toss all this money around in search for her to serve papers, miss time from work for her to be ordered to do the same thing she is doing now and run again, and in the mean time I struggle to pay health insurance that she had been ordered, no child support had been received, all ordered to pay to the child support enforcement agency, and I'm told because of it being a out of state it just takes longer and not really knowing what state she is in I guess I'll just keep forking over all the cash. Agrevated and very much disappointed in the system
stinawords
Aug 29, 2008, 04:26 PM
I know you are frustrated and yes the only thing you can do is go back to court unless you just want to ignore the fact that she left because unless you do go back to court she is still entitled to the visitation and can ask that you be held in contempt if you do not allow it. However, there should have been a stipulation in the original order that the visitation was to occur where she was living. If she moved you need to file in court that there has been a major change in the arrangement. Generally, the parent that moves be it cp or ncp is the one to pay the extra charges for gas or flights or whatever in order to keep the visitation. The cp would still be responsible for getting them to the airport or the half way point but the one that moved would be paying the amount on top of what was originally ordered.
JudyKayTee
Aug 29, 2008, 05:16 PM
I already advised you to take her back into Court - you file papers, stating she is in violation of a Court Order. You don't need an Attorney to do so.
And, yes, if the positions were reversed, the same law would apply.
So if she keeps calling the kids and upsetting them, don't let her talk to them and also cover that in the Court papers.
I have an Attorney friend in TN - she has never heard of a Court Order ordering a parent to take the children from a specified period. She's only seen visitation/custody orders but she is going to check on that aspect on Tuesday.
GV70
Aug 29, 2008, 11:47 PM
I have an Attorney friend in TN - she has never heard of a Court Order ordering a parent to take the children from a specified period of time. She's only seen visitation/custody orders but she is going to check on that aspect on Tuesday.
BTW it is possible if parents live at a distance.
RemyGoof
Aug 30, 2008, 12:18 AM
Child abandonment generally refers to leaving small children totally unsupervised. However, abandonment can be used as grounds for a divorce or TPR. For a TPR it would have be much longer and even then a judge will probably not grant it.
What you need to do is go to the Family Services agency in your area and enlist their aid in collecting the support ordered by the court.
Just wanted to say you might have abandonment and endangerment confused. But then I suppose different states use different wording. Still, a form of endangerment is leaving child alone for a shorter/specific period and then returning as to where abandonment is never returning...
RemyGoof
Aug 30, 2008, 12:21 AM
alright thanks everyone for these responses, but let me try to explain my question alittle more.
If I the costodial parent (father) did not give the non custodial parent (mother) the children during the schedule ordered visitation she could file contempt charges on me. If she the non-custodial parent just ups and leaves and in no contact with the children for 3 months + because as of today we still have no contact with her, you all mean there is nothing I can do other than go to court. So again I must toss all this money around in search for her to serve papers, miss time from work for her to be ordered to do the same thing she is doing now and run again, and in the mean time I struggle to pay health insurance that she had been ordered, no child support had been received, all ordered to pay to the child support enforcement agency, and I'm told because of it being a out of state it just takes longer and not really knowing what state she is in I guess I'll just keep forking over all the cash. Agrevated and very much disappointed in the system
Irritating I know... as for the kids health insurance costs, looking into Healthy Families. They offer low cost health, dental and vision insurance to parents at low cost. It is worth a try at he least as everything you do to help your kids is best
ScottGem
Aug 30, 2008, 05:46 AM
Just wanted to say you might have abandonment and endangerment confused. but then I suppose different states use different wording. Still, a form of endangerment is leaving child alone for a shorter/specific period of time and then returning as to where abandonment is never returning....
Different states do use different terms. The official criminla charge in many places is child endangerment. But my main point was that when dealing with divorce/custody issues, abandonment is not a charge but a grounds for the civil action.
ScottGem
Aug 30, 2008, 05:53 AM
If I the costodial parent (father) did not give the non custodial parent (mother) the children during the schedule ordered visitation she could file contempt charges on me. If she the non-custodial parent just ups and leaves and in no contact with the children for 3 months + because as of today we still have no contact with her, you all mean there is nothing I can do other than go to court.
First, I disagree with your analogy. You are not refusing to give her the children for her scheduled visitation she is refusing to take them. If the situation were reversed nothing would happen to you. Second, I doubt seriously if the visitation "plan" is mandatory either. I've never heard of a visitation schedule that forces the non custodial parent to adhere to it.
I don't recall if you said how old the children are, but I think you need to deal with mommy's disappointing them as best you can. You might need to get the help of a therapist to do so.
Finally, you really should focus on the child support issues. If she is dodging support then she can be jailed as well. You need to enlist your local family services agency in collecting.
Bottomline, it should make no difference whether the non custodial parent is the mother or father in enforcing child support.
Fr_Chuck
Aug 30, 2008, 05:54 AM
Ok, some already covered, some notm,
Mother has not come to visit the children, but the phone calls in most states will be considered contract, even calls where you refuse to allow her to speak to the kids, esp if there is a distance between them, or other issue mother may decide to tell the courts. So her phone log for courts will be proof of attempts to stay in contact with the children.
At this point there is no real criminal issue, this is a civil issue of child custody and divorce. The fact she left is great to get full cusody of the children and limited visist rights for mother, So if you do not have an attorney and have filed for custody or to modify any current custody order that is what you need to do.
JudyKayTee
Aug 31, 2008, 06:53 AM
Just wanted to say you might have abandonment and endangerment confused. but then I suppose different states use different wording. Still, a form of endangerment is leaving child alone for a shorter/specific period of time and then returning as to where abandonment is never returning....
Just got to ask. I see many similarities between your "style" and advice, location, experience and those of someone else - are you someone returning with a new user name?