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    jennymn's Avatar
    jennymn Posts: 2, Reputation: 1
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    #1

    Mar 6, 2015, 10:13 AM
    Abandonment
    How would I go about filing for abandonment for my daughter. Her father hasn't had anything to do with her for the last thirteen years. I have gotten child support in the past but as of now its been years. He doesn't pay for anything or try to help pay for anything ever. He just keeps having kids.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Mar 6, 2015, 11:17 AM
    "Abandonment", would in most places be a crime; leaving a child without any adult supervision. Failure to pay child support is something else. If a child support order is in place, you get the court to enforce it. If not, get one.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #3

    Mar 6, 2015, 11:35 AM
    What do you think filing for abandonment will get you? As noted, Abandonment is a criminal charge when a child is left without adult supervision. So filing for abandonment is not likely to get you anything. So what is it you really want here? Do you want to collect child support or what?
    jennymn's Avatar
    jennymn Posts: 2, Reputation: 1
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    #4

    Mar 6, 2015, 11:53 AM
    Quote Originally Posted by ScottGem View Post
    What do you think filing for abandonment will get you? As noted, Abandonment is a criminal charge when a child is left without adult supervision. So filing for abandonment is not likely to get you anything. So what is it you really want here? Do you want to collect child support or what?

    No I cant get him to pay his ordered child support.. I'm trying to figure out how to take all his rights away from him.. so how would I do all of that then because he won't sign anything..

    Quote Originally Posted by ScottGem View Post
    What do you think filing for abandonment will get you? As noted, Abandonment is a criminal charge when a child is left without adult supervision. So filing for abandonment is not likely to get you anything. So what is it you really want here? Do you want to collect child support or what?
    Im trying to get all his rights taken away.. he has had nothing to do with my child for the last thirteen years
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Mar 6, 2015, 12:09 PM
    Im trying to get all his rights taken away.. he has had nothing to do with my child for the last thirteen years
    If he has had nothing to do with the child, (in the immortal words of H. Clinton) "what difference, at this point, does it make?" Taking away rights he doesn't use isn't going to affect anything. And the threatened loss of those rights is unlikely to faze him in the least.

    Not to mention that child support and visitation usually don't depend on each other. The fact that he isn't paying, in general is not a reason to terminate his visitation rights.

    But if your money is eating a hole in your pocket, and you want to spend it on a lawyer, have at it.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #6

    Mar 6, 2015, 04:51 PM
    As AK said, if he isn't exercising his rights, then what difference does it make? A court is not going to terminate his rights. There are some stickies at the top of this forum that discuss these issues.

    Is there court ordered visitation in place? Do you have full legal and physical custody? And remember she is not just your child, she is his as well. For better or worse he is the biological father. That counts for something in a court of law. By trying to have his rights taken away, you may be opening a can of worms.

    So, again I ask, if he is not exercising his rights, why try to take them away?
    talaniman's Avatar
    talaniman Posts: 53,857, Reputation: 10852
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    #7

    Mar 6, 2015, 04:58 PM
    Have you ever tried to enforce your child support order?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,268, Reputation: 7690
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    #8

    Mar 6, 2015, 08:50 PM
    A few states, if he does not pay child support, you can see if the DA will take away his drivers license, Georgia and Tennessee I know may put the man in jail for being very late in child support.

    But it will take you taking him back to court and back to court for failure to pay.
    Have you asked for a garnishment of his pay?

    But as noted, even getting him put in jail will not take away his rights, Even non payment of child support and not visiting normally is not enough to take away rights.

    But if he is not visiting, and if he is not ever there, and not pay, why does it matter, he is not using any of his rights anyway.

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