I have been paying child support every month. I don't have custody of my child, I was only given weekend visits. But during these visits my child has will not eat and wants to sleep all the time. I have tried to speak to her mother about these issues and she tells our child that it is "Ok Mom will be there soon to pick you". The when we go for drop off she has called the Police. She says that she was fearful for her life. I have decided for the best interest of my child to stop having her come to my home because of these issues. She has now stated that she is filing for child adandonment. Can she do this?

No, she can't charge you with child abandonment. That is ludicrous but these issues are never easy you must realize that.

She can try to file all she wants. What state are you in and what did the divorce decree say about custody? If you don't have custody you can't abandon a child.

I agree. She can't. Now if you have full custody and you left or something than yes she can. But that is clearly not the case. In your case she can't and for her saying that is rude and disrespectful.

First, ANY question on law needs to include your general locale as laws vary by area. Generally abandonment occurs when a child is left without adult supervision. In some areas, abandonment refers to not support your child. But you can't be charged with abandonment for simply not exercising visitation.

She may be able to use your not using your visitation to et it taken away.

How old is the child? Her refusal to eat while in your care could be a sign of parental alienation. I would try to get a GAL appointed so she can be evaluated properly.

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Originally Posted by ScottGem

How old is the child? Her refusal to eat while in your care could be a sign of parental alienation. I would try to get a GAL appointed so she can be evaluated properly.

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Of course its parental alienation. Before his daughter comes to him, she is being told how bad it will be and not to expect anything in the way of play or affection (if you understand what I mean). If anything, the mom should be charged with verbal abuse for doing this and it can be proven by Child Welfare Investigation and psychological testing of the child.

I am so sorry this is happening because it is the child who is suffering, and will continue to be until the two of them come to terms with the agreement and realize this.

The child is the catalyst.


In cases like this, there is a lot of bitterness that has gone before.

Tick

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Originally Posted by rebeccahstrean

I agree. She can't. Now if you have full custody and you left or something than yes she can. But that is clearly not the case. In your case she can't and for her saying that is rude and disrespectful.

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This is a legal board. We take pride in our answers here.

Yes, she CAN file for anything and everything. The question is whether ot not she will "win." The rude/disrespectful part has nothing to do with the law.

I can give you more of an opinion, first how old is this child. And remember the child is at your home and under your rules, and needs to know that mom will get the child but not till the end of the weekend.

Next set up to have the child exchanged at a place like the police station or fire department, very common change places.