Check out some similar questions!

pduncan · May 8, 2011, 11:20 AM

In the state of Texas can you file child abandonment on non cusodial parent

JudyKayTee · May 8, 2011, 11:47 AM

In general, no. What are the circumstances?

Why would you want to file a charge of child abandoment and what would be the benefit?

Abandonment is basically leaving a child unattended at a bus stop.

pduncan · May 8, 2011, 11:58 AM

Father is not supporting child or in child's life. A supoort case is open but warrant has sat idle for more then 10months and father lives within 30 miles of child. Benefit would be to increase criminal charges so that police can pursue him.

pduncan · May 8, 2011, 12:04 PM

Father and I have a child support order in which I am the custodial parent. Father got a lawyer and asked for custody. Day of court I was not given council and judge granted Father temporary custody. Father has moved child more then 8 hours away. Can judge grant custody without giving me time for a lawyer. How can I get decision reversed?

JudyKayTee · May 8, 2011, 12:51 PM

Where? If the Order said he was not to move he is in contempt - file a contempt charge against him.

Support Orders and Custody Orders are very different things.

Yes, the Judge (apparently) felt you had time to arrange for legal counsel and did not do so. You had to be given advance notice.

He /she was not about to postpone what might have been an emergency situation.

When is the PERMANENT custody to be decided?

How is this problem related to this problem - https://www.askmehelpdesk.com/family...nt-575192.html

joypulv · May 8, 2011, 12:59 PM

I'm sorry you showed up at court expecting to be assigned a lawyer. That only happens in criminal court.
Yes, the judge can grant the father temporary custody, and it's not surprising, given that your ex bothered to pay a lawyer to do it right. If you had had one, you would have made sure there was a clause about moving away, at the very least.
Hire or find a pro bono lawyer.

AK lawyer · May 8, 2011, 03:11 PM

This thread is confusing. In posts #1,3, & 4, OP says or implies that she has custody. Then in post #5 she says that the father has been awarded temporary custody.

What's going on here?

Originally Posted by pduncan

... Benefit [of "filing child abandonment"] would be to increase criminal charges so that police can pursue him.

Criminal charges don't normally depend on whether a parent has used magic words officially.

ScottGem · May 8, 2011, 03:13 PM

Note, your two threads have been merged. But in doing so, it makes for some confusion. At 2:58 you posted that father isn't supporting the child. At 3:04 you posted that the father had been granted temp custody.

So can you explain what the real story is here?

To answer your questions no the father could not be charged with abandonment. The state shouldn't need any thing other than non payment to pursue support payments.

Yes a judge can grant custody in the circumstances indicated. You were aware of the hearing and did not avail yourself of legal counsel. The courts are not required to provide counsel in civil cases. On the other hand, the father moving so far away without asking the courts permission will not sit well with the court. If temporary custody was awarded, then a time limit to review that order should have been set. So make sure you get legal counsel before that hearing so you can prepare properly.

AK lawyer · May 8, 2011, 03:21 PM

Originally Posted by ScottGem

... You were aware of the hearing and did not avail yourself of legal counsel. The courts are not required to provide counsel in civil cases. ...

Just because she didn't have counsel doesn't ipso facto mean she should have been defaulted. She should have been allowed to present a defense. We, of course, weren't there and don't know exactly what happened. My guess is that she failed to take advantage of her right to present any testimony.

ScottGem · May 8, 2011, 03:38 PM

We don't know that she was "defaulted". All we know is that temp custody was awarded the father.

If she wasn't prepared to present a defense she could have asked for a continuance. It probably would have been granted. But, as we have seen so often, when someone goes to court without a lawyer against someone who has one they almost invariably lose.

JudyKayTee · May 8, 2011, 04:34 PM

I asked that the threads be combined because I couldn't follow her "story."

pduncan · May 8, 2011, 06:56 PM

Sorry the first question was for my case and the 2nd question was referring to someone else's case.

ScottGem · May 9, 2011, 03:15 AM

Originally Posted by pduncan

Sorry the first question was for my case and the 2nd question was referring to someone else's case.

Then you should get the someone else to create their own account. Or you should specify that you are asking for someone else. By doing it like you did you muddy the waters.

So what I'm going to do is close this thread and ask you to start new threads, if you need more info. We did have several question of clarification in each case. So you need to answer those questions if you want more help. If you don't have the other person create a new account, then specify who you are asking for.