Can I legally file for abandonment if my daughter's biological father hasn't seen her in a year but still pays child support? He hasn't made any efforts to see her or call, etc... but he still pays child support. Can I still file for abandonment?

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Originally Posted by harriet678

Can I legally file for abandonment if my daughter's biological father hasn't seen her in a year but still pays child support? He hasn't made any efforts to see her or call, etc...but he still pays child support. Can I still file for abandonment?

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No.

Nope... if he is paying child support he hasn't abandoned the child.

Of course not.

What is this with people asking about abandonment? The only time abandonment is an issue is in the case of a divorce. Abandonment is grounds for a divorce but it has little bearing on parental rights.

Why do you think you can file for abandonment and what do you think it will get you?

Nope. If he's paying child support then he hasn't "abandoned" her.

MAYBE! If the payment is taken out of their paycheck before the father even sees it, then maybe. It all depends on what state you are in though. I would talk with the courts or a lawyer to find out.

And no, abandonment doesn't just deal with divorce. There are so many people out there with children where the other parent has abandoned them. In a situation like that, if there is a step-parent that wishes to adopt the child, abandonment might work.

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Originally Posted by Shell_Lee

MAYBE!! If the payment is taken out of their paycheck before the father even sees it, then maybe. It all depends on what state you are in though. I would talk with the courts or a lawyer to find out.

And no, abandonment doesn't just deal with divorce. There are so many people out there with children where the other parent has abandoned them. In a situation like that, if there is a step-parent that wishes to adopt the child, abandonment might work.

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Abandonment or Extreme Parental Disinterest

Abuse/Neglect

Mental Illness or Deficiency

Alcohol or Drug Induced Incapacity

Felony Conviction/Incarceration

Failure of Reasonable Efforts

Abuse/Neglect or Loss of Rights of Another Child
Sexual Abuse

Failure to Maintain Contact

Failure to Provide Support

Child Judged in Need of Services/Dependent

Child's Best Interest

Child in care 15 of 22 months (or less)

Felony assault of child or sibling

Murder/Manslaughter of sibling child

MY OPINION IS-NO!!

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Originally Posted by Shell_Lee

MAYBE!! If the payment is taken out of their paycheck before the father even sees it, then maybe. It all depends on what state you are in though. I would talk with the courts or a lawyer to find out.

And no, abandonment doesn't just deal with divorce. There are so many people out there with children where the other parent has abandoned them. In a situation like that, if there is a step-parent that wishes to adopt the child, abandonment might work.

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What would it matter how the support payments are made? As long as support is made.

If there is a need to terminate parental rights to clear the way for adoption, an effort has to be made to get the parent's permission. If the parent can't be contacted then a court could terminate rights. However, that is not abandonment per se.

Im not sure this fellow understands the laws about child custody and termination of parental rights!

This is exactly what I'm going through and maybe the solution to my child custody issue. Thanks.

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Originally Posted by harriet678

Can I legally file for abandonment if my daughter's biological father hasn't seen her in a year but still pays child support? He hasn't made any efforts to see her or call, etc...but he still pays child support. Can I still file for abandonment?

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I completely feel you on this one. I am going through the same thing. What is it with these men, huh? My ex is has abandoned my son as well but the only reason he pays child support is because his wages are garnished from his job. Is there any hope for us and our children?

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Originally Posted by sdc719

I completely feel you on this one. I am going through the exact same thing. What is it with these men, huh? My ex is has abandoned my son as well but the only reason he pays child support is because his wages are garnished from his job. Is there any hope for us and our children?

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The most frustrating cases for me are men who either remarry or get involved in other relationships, have other/additional children and then try to squirm out of their support obligation to the first family. I guess when you have a second family your first family no longer has to eat or wear shoes!

Comments on this postsdc719 : Im not sure this fellow understands the laws about child custody and termination of parental rights!

First, may I call your attention to the guidelines for using the comments feature found here:

https://www.askmehelpdesk.com/feedba...ure-24951.html

I believe I am fairly knowledgeable about TPR and Custody. What possible justification can you have for making the comment you did? You may be going through the process, but that limits your experience to your situation. My answers to questions on this issue have been supported by many other respondents.

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Originally Posted by harriet678

Can I legally file for abandonment if my daughter's biological father hasn't seen her in a year but still pays child support? He hasn't made any efforts to see her or call, etc...but he still pays child support. Can I still file for abandonment?

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Each state has different law but if he pays CS I cannot see Abandonment! Termination of parental rights and abandonment are different... You have to terminate his parental rights on the ground of abandonment but I am not sure that the court will allow it. I agree with Scot that there is no matter how the CS payments are made.They are MADE and this is important here.

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Originally Posted by Shell_Lee

MAYBE!! If the payment is taken out of their paycheck before the father even sees it, then maybe. It all depends on what state you are in though. I would talk with the courts or a lawyer to find out.

And no, abandonment doesn't just deal with divorce. There are so many people out there with children where the other parent has abandoned them. In a situation like that, if there is a step-parent that wishes to adopt the child, abandonment might work.

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I am not aware of any State where abandonment without signing off on a parent's rights/responsibilities allows a step parent to adopt a child - LEGAL abandonment and just not contacting the child are two different things. Failure to support and abandonment are not the same thing.