Ask Experts Questions for FREE Help !
Ask
    harriet678's Avatar
    harriet678 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Nov 20, 2007, 12:20 PM
    Can I file for abandonment if he still pays child support?
    Can I legally file for abandonment if my daughter's biological father hasn't seen her in a year but still pays child support? He hasn't made any efforts to see her or call, etc... but he still pays child support. Can I still file for abandonment?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #2

    Nov 20, 2007, 12:31 PM
    Quote Originally Posted by harriet678
    Can I legally file for abandonment if my daughter's biological father hasn't seen her in a year but still pays child support? He hasn't made any efforts to see her or call, etc...but he still pays child support. Can I still file for abandonment?

    No.
    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
    Ultra Member
    		  
    #3

    Nov 20, 2007, 05:31 PM
    Nope... if he is paying child support he hasn't abandoned the child.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #4

    Nov 20, 2007, 07:28 PM
    Of course not.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Nov 20, 2007, 07:35 PM
    What is this with people asking about abandonment? The only time abandonment is an issue is in the case of a divorce. Abandonment is grounds for a divorce but it has little bearing on parental rights.

    Why do you think you can file for abandonment and what do you think it will get you?
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
    Uber Member
    		  
    #6

    Nov 20, 2007, 07:57 PM
    Nope. If he's paying child support then he hasn't "abandoned" her.
    Shell_Lee's Avatar
    Shell_Lee Posts: 83, Reputation: 10
    Junior Member
    		  
    #7

    Nov 21, 2007, 02:16 PM
    MAYBE! If the payment is taken out of their paycheck before the father even sees it, then maybe. It all depends on what state you are in though. I would talk with the courts or a lawyer to find out.

    And no, abandonment doesn't just deal with divorce. There are so many people out there with children where the other parent has abandoned them. In a situation like that, if there is a step-parent that wishes to adopt the child, abandonment might work.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
    		  
    #8

    Nov 21, 2007, 04:05 PM
    Quote Originally Posted by Shell_Lee
    MAYBE!! If the payment is taken out of their paycheck before the father even sees it, then maybe. It all depends on what state you are in though. I would talk with the courts or a lawyer to find out.

    And no, abandonment doesn't just deal with divorce. There are so many people out there with children where the other parent has abandoned them. In a situation like that, if there is a step-parent that wishes to adopt the child, abandonment might work.
    Abandonment or Extreme Parental Disinterest

    Abuse/Neglect

    Mental Illness or Deficiency

    Alcohol or Drug Induced Incapacity

    Felony Conviction/Incarceration

    Failure of Reasonable Efforts

    Abuse/Neglect or Loss of Rights of Another Child
    Sexual Abuse

    Failure to Maintain Contact

    Failure to Provide Support

    Child Judged in Need of Services/Dependent

    Child's Best Interest

    Child in care 15 of 22 months (or less)

    Felony assault of child or sibling

    Murder/Manslaughter of sibling child

    MY OPINION IS-NO!!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #9

    Nov 21, 2007, 06:34 PM
    Quote Originally Posted by Shell_Lee
    MAYBE!! If the payment is taken out of their paycheck before the father even sees it, then maybe. It all depends on what state you are in though. I would talk with the courts or a lawyer to find out.

    And no, abandonment doesn't just deal with divorce. There are so many people out there with children where the other parent has abandoned them. In a situation like that, if there is a step-parent that wishes to adopt the child, abandonment might work.
    What would it matter how the support payments are made? As long as support is made.

    If there is a need to terminate parental rights to clear the way for adoption, an effort has to be made to get the parent's permission. If the parent can't be contacted then a court could terminate rights. However, that is not abandonment per se.
    sdc719's Avatar
    sdc719 Posts: 29, Reputation: 2
    New Member
    		  
    #10

    Nov 21, 2007, 07:07 PM
    Comment on ScottGem's post
    Im not sure this fellow understands the laws about child custody and termination of parental rights!
    sdc719's Avatar
    sdc719 Posts: 29, Reputation: 2
    New Member
    		  
    #11

    Nov 21, 2007, 07:08 PM
    Comment on Shell_Lee's post
    This is exactly what I'm going through and maybe the solution to my child custody issue. Thanks.
    sdc719's Avatar
    sdc719 Posts: 29, Reputation: 2
    New Member
    		  
    #12

    Nov 21, 2007, 07:12 PM
    Quote Originally Posted by harriet678
    Can I legally file for abandonment if my daughter's biological father hasn't seen her in a year but still pays child support? He hasn't made any efforts to see her or call, etc...but he still pays child support. Can I still file for abandonment?
    I completely feel you on this one. I am going through the same thing. What is it with these men, huh? My ex is has abandoned my son as well but the only reason he pays child support is because his wages are garnished from his job. Is there any hope for us and our children?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #13

    Nov 23, 2007, 12:35 PM
    Quote Originally Posted by sdc719
    I completely feel you on this one. I am going through the exact same thing. What is it with these men, huh? My ex is has abandoned my son as well but the only reason he pays child support is because his wages are garnished from his job. Is there any hope for us and our children?

    The most frustrating cases for me are men who either remarry or get involved in other relationships, have other/additional children and then try to squirm out of their support obligation to the first family. I guess when you have a second family your first family no longer has to eat or wear shoes!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #14

    Nov 23, 2007, 05:56 PM
    Comments on this postsdc719 : Im not sure this fellow understands the laws about child custody and termination of parental rights!

    First, may I call your attention to the guidelines for using the comments feature found here:

    https://www.askmehelpdesk.com/feedba...ure-24951.html

    I believe I am fairly knowledgeable about TPR and Custody. What possible justification can you have for making the comment you did? You may be going through the process, but that limits your experience to your situation. My answers to questions on this issue have been supported by many other respondents.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
    		  
    #15

    Nov 24, 2007, 01:47 AM
    Quote Originally Posted by harriet678
    Can I legally file for abandonment if my daughter's biological father hasn't seen her in a year but still pays child support? He hasn't made any efforts to see her or call, etc...but he still pays child support. Can I still file for abandonment?
    Each state has different law but if he pays CS I cannot see Abandonment! Termination of parental rights and abandonment are different... You have to terminate his parental rights on the ground of abandonment but I am not sure that the court will allow it. I agree with Scot that there is no matter how the CS payments are made.They are MADE and this is important here.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #16

    Nov 24, 2007, 08:13 AM
    Quote Originally Posted by Shell_Lee
    MAYBE!! If the payment is taken out of their paycheck before the father even sees it, then maybe. It all depends on what state you are in though. I would talk with the courts or a lawyer to find out.

    And no, abandonment doesn't just deal with divorce. There are so many people out there with children where the other parent has abandoned them. In a situation like that, if there is a step-parent that wishes to adopt the child, abandonment might work.

    I am not aware of any State where abandonment without signing off on a parent's rights/responsibilities allows a step parent to adopt a child - LEGAL abandonment and just not contacting the child are two different things. Failure to support and abandonment are not the same thing.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Bio father rights/abandonment of child/child support? [ 6 Answers ]

I am 6 weeks pregnant and the father is my ex boyfriend. I reached out to him 3 different times to see how he felt about this and what his interest would be in terms of involvement with his child. He has been quite verbally hostile and told me to die and other choice things. What time frame...

On what grounds can you file child abandonment [ 2 Answers ]

My husband or his son's mother doesn't have custody of their child.The grandparent's do.And when they get mad at my husband they holler that they are going to file child abandonment charges on him. He has no current order for child support and he's paid off all his back child support.He see's him...

Is this child abandonment and if yes, how do I file? [ 1 Answers ]

My son is 5 yrs old and his real father has never paid child support and has not made any kind of attempt to be in his life. We signed child support papers in dec 04 and he dropped off the face of the earth after that. I have not heard a single word from him nor have I seen a check. I am married...

When and How do I file Child abandonment [ 2 Answers ]

My name is Melanie Simpson I live in Washington State Spokane County and I have a one year old daughter with my ex-boyfriend who has not seen her since she was a month old. HE says he will sign his rights over to me for her but than he falls off the face of the earth for almost a year and now since...

View more questions Search