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    Divorce/abandonment

    Asked Mar 11, 2015, 08:50 PM 8 Answers
    I need to file abandonment on my husband. He got deported in 2011 and I really worried if he makes it back he will try to take are son. I have a new partner and I baby with him. We plan to get married one day. What do I do? Can I file online the court house in Columbus Ohio is a one track place to know where? The lady talks so fast I don't understand and she gets mad when you ask her to repeat herself. Thank you

    Last edited by talaniman; Mar 12, 2015 at 03:20 AM.
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    talaniman's Avatar
    talaniman Posts: 53,813, Reputation: 10851
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    #2

    Mar 12, 2015, 03:18 AM
    Where were you married? Where ever it is you must file for divorce, and I doubt abandonment is a reasonable cause of actions. A divorce will not eliminate the rights of a father however, but will allow you to remarry some day, and give you custody of your son in some capacity.
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    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,248, Reputation: 7689
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    #3

    Mar 12, 2015, 03:59 AM


    You do not file abandonment, In general that is leaving the child alone at a store or somewhere.

    You can use "abandonment" of child, the non support as a reason to go to court and ask for full custody of the child.

    The father, if he returns, or even if he does not, can always file for visitation, or fight for custody,

    If you were married, it will be more involved, and having to file for divorce also. This is not done online, but you will need to hire an attorney to file in court, and you will have to appear in court several times. A search for the husband/father will have to be done, to notify him of the court actions.
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    dontknownuthin's Avatar
    dontknownuthin Posts: 2,910, Reputation: 751
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    #4

    Mar 12, 2015, 06:12 AM
    You first file for divorce. Since your English isn't very good and you are not familiar with the law, and given you don't know where your husband is, you should hire a lawyer. They will know how to pursue a default action if the husband cannot be found. As part of that they can address the custody issue. Your partner cannot adopt unless you are Married to him, first of all. Then the child's father either has to consent to the adoption, or the court has to terminate his parental rights to pemit the adoption. This is not a do-it-yourself job. You need a good lawyer. I am a family law paralegal and know a lot, but even I would hire a lawyer. Representing yourself is fine in a simple divorce with no debts, assets or children, but if you share any of these things, get a professional.
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    J_9's Avatar
    J_9 Posts: 40,245, Reputation: 5641
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    #5

    Mar 12, 2015, 06:25 AM


    Quote Originally Posted by talaniman View Post
    Where were you married? Where ever it is you must file for divorce
    Just an FYI... You don't have to file for divorce in the same location you were married. If a couple were married in Texas, but now live in Missouri, they file for divorce in their state of legal residence, in this scenario, Missouri.

    Or maybe I'm misunderstanding you Tal.
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    talaniman's Avatar
    talaniman Posts: 53,813, Reputation: 10851
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    #6

    Mar 12, 2015, 06:32 AM
    I did mean where ever SHE is. Thanks J.
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    J_9's Avatar
    J_9 Posts: 40,245, Reputation: 5641
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    #7

    Mar 12, 2015, 06:43 AM


    My apologies. I did misunderstand.
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    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Mar 12, 2015, 08:39 AM
    Some states do seem to have some peculiar jurisdictional rules regarding "quasi in-rem" divorces. Whether there is real property involved, for example, may be a jurisdictional issue. Since the husband apparently doesn't reside in the same state as OP (now, probably; we don't know if they resided in Ohio together some time before now), that would be an additional reason why OP should seek the advice of an attorney in her state.
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    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #9

    Mar 12, 2015, 10:09 AM
    As noted, you don't file for abandonment. And no court is going to take away his rights at this time. So you file for divorce where you live asking for full custody of your son. If he ever returns, he would then need to go to court to get visitation and you can deal with it at that time.
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