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    morganblaque's Avatar
    morganblaque Posts: 3, Reputation: 1
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    #1

    Aug 7, 2011, 02:47 PM
    How do I file for abandonment?
    I live in Clovis,NM. My daughter is five months old and her father lives in NC. He was recently "released" from the US Army because of pending sexual assault charges. He has never seen our child and I haven't seen him since the day after conception. He has never provided anything for either of us. What can I do?
    morganblaque's Avatar
    morganblaque Posts: 3, Reputation: 1
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    #2

    Aug 7, 2011, 02:52 PM
    What do I need to do to get sole custody?
    I live in Clovis,NM. My daughter is five months old and her father lives in NC. He was recently "released" from the US Army because of pending sexual assault charges. He has never seen our child and I haven't seen him since the day after conception. He has never provided anything for either of us. What can I do?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Aug 7, 2011, 02:54 PM

    Is his name on the birth certificate ?

    Is there any custody orders in place now ?

    Does he have any visit orders

    Is there court ordered child support
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Aug 7, 2011, 03:01 PM

    Please do not start threads ( questions) for the same issue.

    No you can not charge him with abandonment, you can use his no contract or abandonment to try and get his visits reduced or other issues
    morganblaque's Avatar
    morganblaque Posts: 3, Reputation: 1
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    #5

    Aug 7, 2011, 03:02 PM
    He has never signed the birth certificate, he isn't on it at all. I am filing a parenting plan tomorrow at the court so there are no custody orders as of the moment. He has no visit orders and I have filled for child support through an agency.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Aug 7, 2011, 03:10 PM

    You should ( have an attorney) file for custody with the court, file for child support with the court.

    Depending on the criminal charges of child abuse is there any danger to this child.

    But if there is no child support order, he is not behind in any child support payments and while he may have a moral duty, he has no legal duty to pay normally
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Aug 7, 2011, 06:37 PM

    What is it you really want here? Abandonment may be used as grounds for something else, but you don't file for abandonment.

    Since he's not on the birth certificate then he has no rights until he goes to court for them. So why are you filing a parenting plan?

    But if you do file for support, then he will first have to be declared the legal father. That may give him rights for custody and visitation. The key to that is the sexual assault charges.
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