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jbernal · Oct 20, 2009, 02:22 PM

My husband has a child with another woman, she filed for child support only to find out if my husband was the father of her child. It was proven his and now has to pay child support. But the other woman does not raise the child or reside at the same home or provide any support for the child. Can my husband file abandonment and take the child or what are his options??

JudyKayTee · Oct 20, 2009, 02:50 PM

Unless "she" left the child at a bus stop, unattended, there is no abandonment. HOWEVER, if he is paying support to HER and she does NOT have the child in her custody, there is a problem - for her.

He needs to go to Court and request custody, giving all of the information AND PROOF which he has - that she is unfit, that the child is not with her.

As the father his rights are equal to those of the mother - she can't simply hand the child off to a third party.

s_cianci · Oct 20, 2009, 03:55 PM

To add to the above, who is the child with? Whoever is caring for the child is the one who should be receiving the support payments. Your husband should contact whatever agency in your particular state handles child support collections and disbursements and inform them that the child is not being cared for by the mother but by a different person. If he knows who the child is with he should tell them that. Even if the mother is the obligee of record in the original order, that needs to be changed immediately so that the money goes for the benefit of the child.