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good_honest_lover · Nov 12, 2007, 02:57 PM

:confused: I had a son on January 17 2007 his father was there for a couple of months then we sepperated and no longer lived together he still took care of our son's expensses till 5 months ago I haven't heard from his he doesn't call and his mother (my son's grandmother) says my son is nothing of them and I shoed leave them alone, I stayed away and she keeps herassing me over the inernet, but my son's father is no show its like he disappear.:mad:

My question is... he hasent been in the baby's life for about 5 months now can he get any rights over him?

Can I charge him with child abandontment?

I need an answer, I don't want to lose my son.

xxBESTxxKEPTxxSECRETxx · Nov 12, 2007, 03:18 PM

Yes! You can and absolutely must charge him with child abandonment! I mean, it is the LAW that if the parents are divorced that the one that does not have custody of the child must pay child support. I'm only 13, but I know this stuff very well! My mom walked out on my dad right after my little brother was born 12 years ago. I was only 19 months old. So you definitely should charge with child abandonment! I wish you the best of luck!

Curlyben · Nov 12, 2007, 03:20 PM

Please refer to This Sticky

good_honest_lover · Nov 13, 2007, 08:03 PM

:confused: I had a son on January 17 2007 his father was there for a couple of months then we sepperated and no longer lived together he still took care of our son's expensses till 5 months ago I haven't heard from his he doesn't call and his mother (my son's grandmother) says my son is nothing of them and I shoed leave them alone, I stayed away and she keeps herassing me over the inernet, but my son's father is no show its like he disappear. :mad:

My question is... he hasent been in the baby's life for about 5 months now can he get any rights over him?

Can I charge him with child abandontment?

I need an answer, I don't want to lose my son.

ScottGem · Nov 13, 2007, 08:05 PM

Do you have full custody?

Fr_Chuck · Nov 13, 2007, 09:45 PM

Are you married ? Is the father listed on the birth certificate.

The father of a child even if not on the birth certificate can normally sue in court for a DNA test to prove he is the father and to ask for custody or vistitation. For young children, courts still normally always give the mother the child still.

If there is no custody order in place, you need to file for full cusotody, ask for child support from the father, he most likely will be awarded visits at this point.

good_honest_lover · Nov 13, 2007, 10:01 PM

:( my son's father left me and a 9 month old baby 5 months ago we were no married but did live together till the baby was like 4 months then he just dissapered on us. He is on the child's birth certifacate but doesn't pay a cent I haven't heard or seen him in 5months all I get is evel messages from his mother stating the child is not his.

What shoed I do, I don't just want to sit here and wait for him 2 come around.
He disaded 2 leave us, so I believe he shoed not have a right over his parental rights. I mean he hasn't benn around, why shoed he be allowed 2 come in to my son's life and hurt him. Coming and leaving.

* shoed I charge him with child abandontment?? :confused:

charlotte234s · Nov 13, 2007, 10:10 PM

You should ask him to sign over his parental rights, that's the only way to get rid of him for good, however, you will not be able to collect child support if you do so.

I don't know if you can legally charge him with child abandonment or not, sorry I'm not more help with that.

macksmom · Nov 14, 2007, 06:25 AM

What you should do is go down and file child support on him. Regardless that he is not saying the baby is not his, he signed the birth certificate acknowledging that he is the father.
So filing for child support would be my first step.

You will have to call around and get a free consult with attorneys to check the laws in your area. Laws vary state to state, like in Ohio it is a minimum of 6 months with no contact or support before you can file abandonment. But keep in mind, filing abandonment alone doesn't automatically teminated his rights. He would have to be found guilty, then you could use that to petition to have his rights terminated. But unless you have someone willing to adopt the child in his place, the judge almost certainly will not grant it.

So in short, I really think you should file for child support. As the other things are not going to get you what you want.

ScottGem · Nov 14, 2007, 06:46 AM

You didn't answer my question as to whether you have custody.

I wonder what you think charging him with abandonment will do? Trying to get his rights terminated is going to be difficult under the circumstances.

As for his mother, Block her e-mail address.

Fr_Chuck · Nov 14, 2007, 06:59 AM

It is always a he said, she said, in court he can claim you would not let him see the children and so on, ( ** not saying it is true) but in court it is common for both parties to lie out of their teeth, sorry but set in divorce and child custody court a few days and you learn you seldom believe anyone.

So first and foremost you sue for custody, if he is not proven to be the father, you have to do that, you have to get court ordered child support and so on.

Not really on just 5 months to get it, depending on your state law if it even qualifies but then even if it is within the law, seldom will a judge just take away the father rights if the father fights it.

Your best bet is to get full custody, and get a child support order in place to get it inforced.