I live in Lawrence County MO with my three and four year old children. Their father and I divorced almost a year and a half ago. He has not attempted to make any contact with me or our children since October last year. He has told mutual friends that he doesn't want them in his life. Can I file for Child Abandonment and dissolve his parental rights? Also, can I change their last names to my maiden name even if I can't file the petition?

Thanks for all your help

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Originally Posted by srmom

I live in Lawrence County MO with my three and four year old children. Their father and I divorced almost a year and a half ago. He has not attempted to make any contact with me or our children since October last year. He has told mutual friends that he doesn't want them in his life. Can I file for Child Abandonment and dissolve his parental rights? Also, can I change their last names to my maiden name even if I can't file the petition?

Thanks for all your help

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Hundreds if not thousands of posts on this same subject (if you research back you will find some from your State) but, basically, the answer concerning "dissolving" his parental rights for child abandonment is no. He has not abandoned them unless he dropped them off, unattended, at a bus stop. They are with you and so he has not abandoned them.

As said if you look through more posts you will find lots of answers. Also if he hasn't seen them since October of 2007 it hasn't even been long enough for you to use abandonment as a reason for wanting to file for a TPR.

You have completely missed what this woman was asking. Her ex has abandonded his responsibilities as a parent, not simply left them on the side of the road.

Quote:

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Originally Posted by srmom

I live in Lawrence County MO with my three and four year old children. Their father and I divorced almost a year and a half ago. He has not attempted to make any contact with me or our children since October last year. He has told mutual friends that he doesn't want them in his life. Can I file for Child Abandonment and dissolve his parental rights? Also, can I change their last names to my maiden name even if I can't file the petition?

Thanks for all your help

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candiencamarley : You have completely missed what this woman was asking. Her ex has abandoned his responsibilities as a parent, not simply left them on the side of the road.


No, you missed the point - UNLESS he PHYSICALLY abandons them (leaves them on the side of the road, drops them at a bus stop), he has not LEGALLY abandoned them.

Congratulations on the new screen name.

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candiencamarley : You have completely missed what this woman was asking. Her ex has abandonded his responsibilities as a parent, not simply left them on the side of the road.


I'm afraid you are the one missing the point. The term Child Abandonment refers to leaving children unattended. While it might be used as grounds for a TPR, a TPR is unlikely to be granted solely for this reason.

To the OP:
If their father has stepped out of their lives why bother with a TPR? Effectively he has relinquished his rights, so why try formalizing that. I can see revoking his visitation rights, but nothing more.

Generally a TPR is granted only if someone is waiting to adopt or the parent represents a danger to the child.

As for changing the name, you would have to go to court for that and it might be granted if you try to get his permission and cannot contact him. But you can use any name you want as long as there is no intent to defraud. The legal name would remain the same.