Ask Me Help Desk - Deadbeat Dad

I was married for 7 years. During that marriage we had two boys. We were divorced and I was granted full custody. He was granted long distance visitation. (6 weeks in summer, 1 week during Christmas break) Since the divorce in 02, he has always got them for their visitation. He hasn't however paid his child support consistently. He is now behind $4,000.00. He hasn't even tried to pay anything. Just recently, he moved back to the area. Actually just two blocks from here. Since he has been here for a little over a month, he hasn't even called the kids or tried to make arrangements with me to see them. My question is... What is considered abandonment in Ohio? How long does the non custodial parent have to be absent? I am since in another relationship with a great man who loves and provides for them as his own. He wants to know if he could adopt them even if we are not married at the time?:confused:

I'm not sure anything here constitutes "abandonment." The fact that he moved back to the area, in and of itself doesn't change the initial visitation arrangement, which you admit has been consistently adhered to. His failure to keep up with the child support payments is a separate and distinct issue. Is he self-employed or has he been unemployed? I ask that because usually child support is paid via wage withholding, so if he is employed there should be no reason for him to be falling behind on the support payments. Either way, you should file a motion in Family Court and request a hearing for an order to pay arrerages and establish a payment arrangement that will keep things current. As for having your partner adopt your boys, as long as the father remains a part of their lives, even if it's only 6 weeks every summer and 1 week every Christmas as per the original order, his recent relocation back to your area notwithstanding, the chances are slim to none, especially since you're currently not married.

I think you should bring him back to court and collect your past due child support.

Quote:

Originally Posted by Mindy76

I was married for 7 years. During that marriage we had two boys. We were divorced and I was granted full custody. He was granted long distance visitation. (6 weeks in summer, 1 week during Christmas break) Since the divorce in 02, he has always got them for their visitation. He hasnt however paid his child support consistently. He is now behind $4,000.00. He hasnt even tried to pay anything. Just recently, he moved back to the area. Actually just two blocks from here. Since he has been here for a little over a month, he hasnt even called the kids or tried to make arrangements with me to see them. My question is...What is considered abandonment in Ohio? How long does the non custodial parent have to be absent? I am since in another relationship with a great man who loves and provides for them as his own. He wants to know if he could adopt them even if we are not married at the time?:confused:

There are hundreds of questions on abandonment - use the search feature next to the AMHD logo at the top.

In a nutshell - no, this is not abandonment. In order to abandon a child you have to do so physically, almost leave the child at a bus stop. There is no cause for emotional or financial abandonment and you cannot adopt a child unless you are (in almost every State) in a stable marriage of over a year.

If you marry and your husband wants to adopt, then you would have to approach the biological father and ask if he would relinquish his rights.

You will need to take him back to Court and have him held in contempt for failure to pay support as ordered.