How can a mother file for chid abandoment when she will not let the father know where she and the children are living? He just got out of jail and she won't let him have any contact with them. He can only communicate through Facebook. He is trying to get his life back on track. He makes less than minimum wage and only works a few hours a week. He got a letter in the mail Prewarrant Application (child abandonment). She (the mother) has the option of living with her parents but chooses not to. She cannot file for back child support. She left their home and divorced him when he was in jail. How can she file for this and what can she gain from filing?

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Originally Posted by mb4th

How can a mother file for chid abandoment when she will not let the father know where she and the children are living? He just got out of jail and she wont let him have any contact with them. He can only communicate through facebook. He is trying to get his life back on track. He makes less than minimum wage and only works a few hours a week. He got a letter in the mail Prewarrant Application (child abandonment). She (the mother) has the option of living with her parents but chooses not to. She cannot file for back child support. She left their home and divorced him when he was in jail. How can she file for this and what can she gain from filing?

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Let me guess - you're the mother of the father?

Is there a visitation order? If not the mother controls the children and controls visitation. Making less than miminum wage, of course, is illegal and another subject.

The mother does not have to live any particular place. If she chooses not to live with her parents for whatever reason, she can do that.

Where is this happening? It matters.

Abandonment may be a way of keeping the father out of the children's lives. Why was he in jail?

She can do it by filing and making a report. Then the father just has to attend the hearing and prove that they were never allowed to see the child.

She can file for anything she wants, whether she wins or not is another matter.

Also, WHERE matters greatly. In a few states, filing for abandonment is similar to filing for non support.

But if the father is trying to get his life back, then he goes to court and shows the court he is not a danger to the children and the courts will award visitation.