I live in Hawaii, my son's dad is over $11,000 behind in child support and has made no financial contribution in over 18 months. I was granted permission by Colorado courts to move back to Hawaii with my son, his dad has refused contact with him for over a month and refused to give us any $. He has acted similarly in the past and did not see/talk to him for 5.5 months when in the same town, so I believe now that we are far away he will do the same. I need to have full custody to make legal changes/decisions for my son, but in Colorado they called it "Parenting Time" and gave me 100%, but his dad was set to re-gain 50% if he moved out here. I also have had to apply for $ assistance from state (again) to cover my son's expenses, so I would think they would go after him more, but they took his driver's licence last year and can't garnish him because he quits as soon as they alert his employers.
What can I do to establish parental abandonment and how long must he be gone(this time) before I can do so? I cannot afford a lawyer and most legal aids will not help you past establishing original orders (done in July 2009). I want ability to make all legal decisions without his father's permission and my son wants to change his last name to mine.

What do you wish to do with abandonment, it is used as a reason to change current custody and visit agreement. Is that what you are doing ?

Name change, visitation, permanent legal decision making

Name change, visitation, permanent legal decision making

It is not likely that your going to get a name change without the fathers permission. Also If the father is still in Colorado then your going to have to go through the Colorado courts.

... I need to have full custody to make legal changes/decisions for my son, ... I want ability to make all legal decisions without his father's permission ...

What sort of "legal changes/decisons"?

What sort of "legal changes/decisons"?



Here you go -



Name change, visitation, permanent legal decision making

What can I do to establish parental abandonment

Nothing. You don't "establish parental abandonment", you petition to the court for full legal custody, or for a name change. You can cite abandonment as grounds to get those things, but you don't just establish it.

When you were granted permission to move, why didn't you ask for 100% legal custody then? That would have made sense.

A court is not likely to grant a name change without the father's permission, but you might be able to get the court to give you 100% legal custody. All you can do is file for it in Family Court. However, if the original orders were done in CO and the father is still in CO, CO courts would have jurisdiction.

The child is not abandoned, you have him. Apparently dad does not have custody so he can't abandone him. I agree with the other psts regarding changing his name.