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    srshipley's Avatar
    srshipley Posts: 5, Reputation: 1
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    #1

    Aug 16, 2011, 01:30 PM
    Filing for child abadament on absent father?
    I live in the state of Nebraska and my child's father has not see him for a year no contact nothing. We went to court and they split the custody down the middle, there for no one pays any child support on either side. Now we went to court years before he decided to disappear. I'm not looking for child support, I just want all rights to our child and to be able to move out of state. How to I go about file for child abadament? Can I after a year of no contact? Will this even help my situation and get what I want?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Aug 16, 2011, 08:29 PM

    Normally it is not something you "file" it is merely a reason you use to ask for a modification when you go to family court, you ask for permission to move because of it, you ask for a change in custody for that reason.
    srshipley's Avatar
    srshipley Posts: 5, Reputation: 1
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    #3

    Aug 17, 2011, 05:36 AM
    So in order to change the custody to have all rights, I would have to get a lawyer and go to court? I was hoping to avoid going to actual court and was wondering if there is a way just to fill something out at the court house or something. If I was to go to court do I even have a cass to get all rights?
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #4

    Aug 17, 2011, 08:15 AM
    If there is a custody order, only a court can modify it. If all you had to do to get a change in custody was to fill something out, he could go and do it right now, and leave you with no custody or visitation. It isn't that easy. Fr_Chuck's answer is a good one. You can use abandonment as a means to an end in a custody modification hearing, but you do have to file for the modification.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Aug 17, 2011, 08:22 AM
    Quote Originally Posted by srshipley View Post
    Will this even help my situation and get what I want?
    Hello sr:

    You already HAVE what you want.. If he's GONE, obviously he's not exercising his rights, so you already HAVE them all. The only ones you DON'T have are the ones written down in some legal papers that will NEVER be looked at as long as he stays gone or you don't file for child support.

    excon
    srshipley's Avatar
    srshipley Posts: 5, Reputation: 1
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    #6

    Aug 17, 2011, 09:42 AM
    @excon I would look at it that way but if I move our child out of state without his approval I could get in trouble. So I'm trying to do this the legal way.
    srshipley's Avatar
    srshipley Posts: 5, Reputation: 1
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    #7

    Aug 17, 2011, 09:46 AM
    Would I need a lawyer and have to go to court in order to file a custody modification? Or do I file for it and then go to court to change it? I have no idea how this works.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #8

    Aug 17, 2011, 01:00 PM
    Quote Originally Posted by srshipley View Post
    @Excon I would look at it that way but if I move our child out of state without his approval I could get in trouble. So I'm trying to do this the legal way.
    Hello again, sr:

    I'm not suggesting you violate the law or your divorce decree... IF he was involved in your child's life, you'd need HIS permission to move out of state, but, I haven't seen ANY divorce decree ORDER a custodial parent to OBTAIN permission from the other parent in order to MOVE. I can't believe YOUR decree says anything different...

    Therefore, I AM giving you LEGAL advice. We don't tell people here to break the law or violate their agreements..

    excon
    srshipley's Avatar
    srshipley Posts: 5, Reputation: 1
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    #9

    Aug 17, 2011, 01:06 PM
    @Excon we we're never married, we just have a custody agreement. It doesn't say in our custody agreement that we can't move out of state without approval, it's the Nebraska state law.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #10

    Aug 17, 2011, 01:11 PM

    Hello again, sr:

    I PROMISE you, Nebraska state law does NOT prohibit you from moving... Really. I wouldn't LIE to you.

    excon
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