I have a common law husband and we had lived for two years together with my mother.. Last September 22, 2009 he left stating in the letter to forgive him because he lied that he has already found a job and asking for forgiveness. How many months do I have to wait to file charges against him in abandoning our child who is 1 year old? We are not married but the birth certificate was completely signed by him under the NSO. I would like to ask for a support not only financially but morally and emotionally for our child

The Law is confusing and difficult to read BUT it looks like you do not become common law for five years (before that you simply live together). You can't force someone to provide emotionally (and morally) for a child. You can get an Attorney and request child support.

I see no benefit to filing for abandonment and it also appears he has to be gone with no contact for two years.

As I said, it is a difficult law to read.

To be 100% sure, ask an Attorney.

First, please pay attention to the sticky notes at the top of each forum. These notes have answers to frequently asked questions, like yours, and can save you some time.

Child abandonment is a criminal charge that involves leaving a child unattended. That's not what has happened here.

If what you want is financial support for the child, then THAT is what you file for. You may use abandonment as grounds for obtaining support, but the key is filing for child support, not abandonment.

As to emotional support, you can't force that. Even if the father is giving visitation rights, you can't force him to exercise them. If he chooses not to be a part of his daughter's life, that's his decision, albeit a bad one.

So you need to start proceedings for child support Monday morning. I would start by interviewing Family Law attorneys.

I have 2 kids, 13 & 10 years old, their father had a girlfriend in 2003 &they had 1 kid in 2004, we were separated then, & our annulment is on process,but it was just annulled last 2006 of April, but he already got married to the girl who he met in Magsaysay MAritime. My point is he don't give support to our kids monthly & permanently, sometime for 2 years he will never give, just anytime he wants to, that's why I am asking if what is the penalty of abandoning his 2 kids & marrying & having 1 kid to his new family now. We tried to talk to him regarding this matter but he always insisted, telling the kids that he don't have money to support them. Please help us. Thank you very much & please reply.

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Originally Posted by mjoesphine

i have 2 kids, 13 & 10 years old, their father had a girlfriend in 2003 &they had 1 kid in 2004, we were separated then, & our annulment is on process,but it was just annulled last 2006 of April, but he already got married to the girl who he met in Magsaysay MAritime. my point is he don't give support to our kids monthly & permanently, sometime for 2 years he will never give, jsut anytime he wants to, that's why i am asking if what is the penalty of abandoning his 2 kids & marrying & having 1 kid to his new family now. we tried to talk to him regarding this matter but he always insisted, telling the kids that he don't have money to support them. please help us. Thank you very much & please reply.

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:):)

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Originally Posted by mjoesphine

what is the penalty of abandoning his 2 kids & marrying & having 1 kid to his new family now.

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File in Court for child support ASAP!
There is no penalty for marrying and having kids.

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Originally Posted by GV70

File in Court for child support ASAP!
There is no penalty for marrying and having kids.

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Other than being married and having kids - :)

My boyfriend's wife left him 4 months ago. They were living with my boyfriend's parents. The wife left him because of misunderstanding. He got tired of her so he decided not to woo her or win her back, instead he decided to live with me. They have two kids, the eldest kid is with her mom and the younger is with his parents. Now , can his wife file an abandonment to him?

Can she file an abandonment case?

Where? What is the purpose of "filing abandonment to him"? Divorce? Something else?