[samm345]

My daughters father has not seen her for over a year and he just left without telling me he was leaving. I do have a child support order and I have full custody of her. Im just afraid that he will try to take her away from me later in life and I don't want her to go through that because Im with a man right now that she loves and he has been there for her pretty much since she's been born. How do I file for abandonment on him and when could I file.

[SmartAlex]

Hello friend, Thank you for your question.
Please let me know what state/country you are in?
Sincerely,SmartAlex

[JennaVanloon]

I am basically in the same situation.. I would like to know also..

[SmartAlex]

Hello, because sometimes there is a difference depending on where you live,it's important to let me know so I can help. Waiting for you,
Sincerely,SmartAlex

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[JennaVanloon]

I live in Texas

[excon]

Hello samm and you too Jenna:

Child abandonment is a criminal offense. The term doesn't fit your circumstances. Today, abandonment of a child is considered to be a serious crime in many jurisdictions of the United States due to welfare concerns. For example, in the state of Georgia, it is a misdemeanor to willfully and voluntarily abandon a child, and a felony to abandon one's child and leave the state.

Your respective spouses did NOT abandon their children.

What I think you're both trying to attain, is the removal of the fathers parental rights. You can't do that. He HAS rights, and he will until the child is 21. Maybe he'll seek to use them, and maybe he won't. But, it's up to him.

excon

[Potatodad]

Perhaps in Georgia a parent can walk out his or her child's life for whatever amount of time and not risk losing parental rights.

In Texas:

1. A parent who leaves their child with anyone other than the other parent for more than 3 months can lose parental rights.
2. A parent who leaves their child with anyone including the other parent or CPS for more than six months can lose parental rights.

Keep in mind, leaving the child means leaving the child without support, significant contact, no information on whether that parent intends to return or pick up the child, and showing an extreme disinterest in the child. The statute is out there on the net; you can read it yourself and see all of the details.

There's also a lot of other things that can be taken into consideration that can weigh in your favor or not and most judges will look at all of that. It's best to throw everything you have into whatever you file. No lawyer will tell you that you have a slam dunk case. If they do, fire him or her. But since the courts generally favor moms, you should be in pretty good shape unless you're contributing to the absence of dad in some way.

[dawne98]

I live in New York and I would also like know my dd is 10 year old and up to last year we lived in Fl then we moved to New York and now her father after 10 years wants to get custody we have never gone to court for anything so can he do that and what will happen?

[excon]

Hello dawne:

You should start your own thread. Maybe someone will do it for you.

You need to go to court to get custody legally established. I doubt that he'll win, unless he can prove that you're unfit as a parent. It'll be a BIG help if you hire a lawyer. I mean really, Really big help.

excon

[Dlady]

:confused: I have a situation to where the father has given us the baby to keep while the mother is in prison (due for parole in Aug) and the father is not stable or fit to parent his child. We have had him for 3months and now he wants to hook up with another woman and move across the state line with him, to lord knows where. We need some type of emergency custody filed? Any advice on what to do?

[excon]

Hello D:

Yup. You need a lawyer.

excon

[Dlady]

I am looking into getting a lawyer, I really just needed to know if anyone has dealt with anything like this before, to see if I even have anything to go on. The father is wanting to take the baby across state line, with the mother in prison, I am not sure if that is legal for him to do or not. Thank you for your advice, look forward to any other updates posted. Good Luck to all of you!

[excon]

Hello D:

He is the father. HE has legal custody. You don't have squat. He can take the baby anywhere and you can't do a thing about it. That's why you need a lawyer, like right now. It is possible to get an injunction against him leaving the state if you present compelling evidence to the court. It's not easy to get custody away from a biological parent.

excon

[nochoice]

The step mother of my child is trying to take me to court for child abandonment for my soon to be 18 year old daughter in the state of Georgia, even though she took the child and left me. I can't find where they live so I have not had contact with my child since she left in February 2008. Can she do this?

[jis6]

I have the same situation my boyfriend took off and went to the marines leaving me with my baby. I live in Arkansas

[JudyKayTee]

I have the same situation my boyfriend took off and went to the marines leaving me with my baby. I live in Arkansas

This thread is over a year old and the OP has not been back.

Do you have a question or was this simply a comment?