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    NicoleLitt's Avatar
    NicoleLitt Posts: 1, Reputation: 1
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    #1

    Jul 7, 2010, 12:57 PM
    Wanting to file abandonment charges.
    My youngest daughter's father has had no contact with her since she was 5 months old. She will be 4 in Decenber. The only time he has tried was through an 2 emails in August of 2009. He has never filed for visitaion rights and since August has made no more effort in seeing her. I am engaged to be married and the man I am with is who she calls Daddy. How can I make it to where her biological father has no rights and my fiance' can adopt her once we are married. The biological father has never supported her financially from the day she was born.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Jul 7, 2010, 02:24 PM
    Quote Originally Posted by NicoleLitt View Post
    My youngest daughter's father has had no contact with her since she was 5 months old. She will be 4 in Decenber. The only time he has tried was through an 2 emails in August of 2009. He has never filed for visitaion rights and since August has made no more effort in seeing her. I am engaged to be married and the man I am with is who she calls Daddy. How can I make it to where her biological father has no rights and my fiance' can adopt her once we are married. The biological father has never supported her financially from the day she was born.
    There is a sticky at the top of the Family Law forum regarding abandonment which can be read here:
    https://www.askmehelpdesk.com/family...st-364259.html

    The circumstances you have described to not constitute abandonment. If I might ask, you say he tried to make contact in August 2009 - why did he not make contact?

    Is he listed on the birth certificate? Did he sign a paternity acknowledgment or take a DNA test? Has he actually been established as the child's legal father? In order for him to sign away his rights to the child, he has to be willing to relinquish them to your fiancé. But in order to sign away his rights, he needs to be established as the biological father.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jul 7, 2010, 02:26 PM

    Yes, it id grounds a divorce had you been married.

    And unless you got a child support order though the court, he does not even owe support yet.

    If and when he is behind, though the court, you may ( if your state allows that law) ask for it to be filed for the non payment of child support
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #4

    Jul 7, 2010, 02:28 PM
    Quote Originally Posted by Fr_Chuck View Post
    yes, it id grounds a divorce had you been married.

    And unless you got a child support order though the court, he does not even owe support yet.

    If and when he is behind, though the court, you may ( if your state allows that law) ask for it to be filed for the non payment of child support
    Am I understanding correctly - you're saying that the OP can file to have the biological father stripped of his rights just for being behind on child support?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #5

    Jul 7, 2010, 02:49 PM
    Quote Originally Posted by this8384 View Post
    Am I understanding correctly - you're saying that the OP can file to have the biological father stripped of his rights just for being behind on child support??
    Some states misuse the "legal" term of abandonment and use it as a way to punish the NCP for not paying support. Texas and Georgia are 2 of them that use the term like that. Lazy stupid DA's in the system starting another way to abuse the system for their benefit.
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