Ask Me Help Desk - Child abandonment or what

child abandonment or what

I have have residential custody of my 13 yr old daughter in state of Ohio. My daughter's mom has not seen her in almost a yr. For the first 4 monthsof this yr I would go to our meeting place no show and no call. She pays child support and once every 6 she will send her daughter I one sentence. On Facebook And it is it. My daughter has called 2x's to let her mom know she was flying to grandparents out of state. Simply put the mom does not care and those two calls she told her daughter she should get mother of yr. I have had residential custudy of my daughter 2 yrs she has been at her moms 4xs 8days and has called her for a total of 35 minutes.I was wondering if I could go for abandonment and full custody or what. This residential custody is bs. I want full custody so I don't have to deal with a hunk of junk. What could my options be without a lawyer.

Sounds like you already have full custody in a sense. Also if you were able to do what you are asking the mother would no longer be required to pay child support.
What do you want to accomplish by doing away with her rights?
No more calls from her? No more one sentences on Facebook?

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What do you want to accomplish by doing away with her rights?

I don't see where the OP asked about termination of rights.

Anytime I have seen anyone wanting to go for abandonment it was to do away with rights
So what is it the OP wishes to accomplish by going after her for abandonment?

The OP wants full physical and legal custody.

You can try to get visitation suspended. Hard to say whether a court will go along or not.

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Child abandonment or what

.I was wondering if I could go for abandonment and full custody

They mention abandonment twice and I was wondering what they want to accomplish
As far as the mothers rights.

It is more of getting full custody and not having to worry about any contempt charges. For 4 month I would meet at our dropping off point she would not show.I said the hell with it and quit showing up. I want the freedom of knowing hey I can do anything with my daughter and go out of country. How ever she won't sign for a passport. The is old about worrying about contempt charges. My daughter wants nothing to do with her. In Ohio residential shared parenting means equal time. Full custody is up to the residential parent.
We have shared.

All you can do at this point is go back to court for a modification of custody.

Residential shared parenting means equal time. That is what I was getting at is she doesn't seem to use her time anyway. But I see your point about her no shows and contempt charges.
Sounds like you do need to go for full custody. At the very least you do want to do something along the lines Scott suggested.

Yeah that is what I was thinking. I was hoping abandonment would add pressure of getting full custody easier. She is a hard and works for the jail system for the county where our case is.

You don't want to ''file for abandonment'' or termination of rights, you want to use that as a reason for going for full custody.

I was thinking with abandonment charges could make it is easier for full custody. My wife would adopt my daughter without hesitation

I understand what you are trying to say, but you don't want abandonment "charges." You want to use abandonment as a reason to obtain legal and physical custody.

Yes you can do that (go for full and have your wife adopt) but there would be steps to take, and as I said mom would no longer be responsible for child support.
Looks like in Ohio you can file abandonment
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Ohio Law

In Ohio, a child is considered abandoned if the parents have failed to visit or contact the child for 90 days, even if they make an attempt to contact the child after that time. A child is defined as any individual under the age of 18. In Ohio, an abandoned child is categorized as a neglected child.

Read more: What Is Considered Child Abandonment in Ohio? | eHow

Looks like that is for both parents so not sure if it would work in your case.

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In Ohio, an abandoned child is categorized as a neglected child.

This child is not neglected. She is being taken care of by her father.

That's why I said it may not apply for him

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Originally Posted by N0help4u

Looks like that is for both parents so not sure if it would work in your case.

Yeah that is what I thought. Thanks for all the fast responses. The kicker is my exwife boyfriend has 2 kids by her as well and he is filing for full custody. Thanks again for the responses and other responses are welcomed... ha e a great evening

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abandonment charges

Indicates that you are going to have her charged and arrested for abandoning your child. That is not your case.

You are trying to do the right thing, but using the wrong terminology.

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Originally Posted by N0help4u

Thats why I said it may not apply for him

Yeah it is an all or none deal. My daughter is a 3.8 gpa in school in a few extra activities now. She is in a stable environment now as happy as can be. And that is why she does not want to go to her mom's.

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Originally Posted by J_9

Indicates that you are going to have her charged and arrested for abandoning your child. That is not your case.

You are trying to do the right thing, but using the wrong terminology.

Yep that is why I am on here trying to get right terms. And opions

You need to go and get this modified one way or another, whether your wife adopting or going for a modification. As far as your wife adopting though its slim to none that you can do that without the mothers consent. I am sure she would fight it since she doesn't want your daughter having a passport. Going for full custody on the grounds that she plays such a small part in her life would probably be better.

What you do is go to court for modification of custody on the grounds of abandonment, not abandonment charges.

For your wife to adopt, your ex would have to consent to her termination of parental rights. I don't see that happening in this case.

Now, I'm not sure about Ohio law, but in many states a child who is "abandoned" for a certain period, this includes no FB, no phone calls, no child support, etc. may be able to have her parents petition the court for adoption. In Tennessee it is 6 months of total and complete no contact, including child support, I believe.

Yes you r right. I will probably take that rte as well. The standard course of action.

Think Ohio is 90 days with no contact. A person trying to reestablish contact after this is still abandoned the child weather paying support or no. However the person cannot be found. That is my interpretation. I can be wrong about that.

Go to court for a modification. You don't need an attorney for this. You will, however, for adoption.

Contact your local family court. They will guide you in the right steps to take.

Trust me the lawyers have done nothing but increased my child support and lost visitation on paper when I was the payee. Now I did residential parenting on my own. And being mr.mom helped out too... lol... but now I did not think the ex would lay a goose egg on her daughter. But it is her loss and my gain. Dr dentist appointments have become much easier and contacting teachers at school as well.

Like I said, you can do this on your own. The adoption, however, is another matter. You will need attorneys for that if you choose to go that route.

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Originally Posted by jac4444

It is more of getting full custody and not having to worry abt any contempt charges. For 4 month i would meet at our dropping off point she would not show.i said the hell with it and quit showing up.

I wouldn't claim abandonment here. I would simply show the court that you faithfully kept your end of the visitation for a month or more. And that even after you stopped, the mother made no move to have the visitation order enforced. Therefore you are asking that you be giving full legal and physical custody. Mention that you wish to get your daughter a passport for vacations and the mother is blocking it. Show that your daughter wants nothing to do with the mother.

Check to see if there are law schools in your area, some provide clinics that can help you prepare paperwork and strategy.

But, if you properly document and present your case, I would think you stand a good chance.

Yes my daughter is all ready to talk to the judge and even her ex boyfriend is tbere for evidence 3 rd party. He is even going to file for full custody on his 2 boys with her. I told him let me know when you file because I am going to ask her then for full custody I doubt she will. Since she thinks she is mother of yr. I figure I would talk to cps about the guidelines of abandonment. Before doing so I have an ace in the deck to force the hand.

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Originally Posted by jac4444

Yes my daughter is all ready to talk to the judge and even her ex bf is tbere for evidence 3 rd party. He is even going to file for full custody on his 2 boys with her. I told him let me know when you file becuz i am going to ask her then for full custody i doubt she will. Since she thinks she is mother of yr. I figure i would talk to cps abt the guidelines of abandonment. Before doing so i have an ace in the deck to force the hand.

Again, I would NOT talk to CPS at all. And I would not play the abandonment card. The simple fact of the matter is that you have a visitation schedule. You have tried to keep up your end of the schedule. However, after repeated failures on her part, you want the schedule requirement to be dropped. And you also want full legal custody so you are not dependent on her to make decisions about raising the child.

Do NOT talk to CPS. Whatever you do, do not talk to them.

Ok. Hey you all been great. I will take the advice and get my kiddo.

Good luck and keep us posted

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Originally Posted by ScottGem

Good luck and keep us posted

Thanks give me a month or two.I am sure it will stir up a hornets nest... lol...