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    izayah2003's Avatar
    izayah2003 Posts: 2, Reputation: 1
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    #1

    Jan 19, 2008, 10:15 AM
    Abandonment
    I live in Texas been living hear for 7 months my ex lives in Arizona I've had my kids for 2 years and she has not seen them in 2 years since I have been gone she has had one abortion and now she is giving a baby up for adoption I need to know if this fuls under abandonment in the state of Texas
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 19, 2008, 12:38 PM
    Quote Originally Posted by izayah2003
    i live in texas been living hear for 7 months my ex lives in arizona iv had my kids for 2 years and she has not seen them in 2 years since i have been gone she has had one abortion and now she is giving a baby up for adoption i need to know if this fuls under abandonment in the state of texas

    I don't know about Texas and/or Arizona law but I do know the abortion and adoption have nothing to do with the abandonment issue.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #3

    Jan 19, 2008, 01:36 PM
    Quote Originally Posted by JudyKayTee
    I don't know about Texas and/or Arizona law but I do know the abortion and adoption have nothing to do with the abandonment issue.
    It may very well have a lot to do with it as it can be considered by the courts as actions taken to show disinterest in having children. If she refuses to participate then those issues can and will be given weight when making a decision.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jan 19, 2008, 02:58 PM
    Quote Originally Posted by califdadof3
    It may very well have alot to do with it as it can be considered by the courts as actions taken to show disinterest in having children. If she refuses to participate then those issues can and will be given weight when making a decision.

    I can only speak for NYS but in NYS these are entirely different issues - the fact that the mother choses abortion as a means of birth control or has a child and decides for whatever reason to put the child up for adoption does NOT mean she has no interest in the first child.

    People involved in custody fights very often bring up this issue in the context of "I heard that ..." and I have never seen the Court entertain it. As I said, perhaps your experience in Court is different from mine.

    What do you mean by "If she refuses to participate then those issues can and will be given weight ..."? Participate in what?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jan 19, 2008, 03:30 PM
    I guess the issue is what do you expect or want if this is abandonmnet ?
    If the mother is not having any part of the child's life, already, the best you may do is have the mothers rights taken away. And she is not using any of those rights now anyway.

    You may be more intersted in inforcing child support and makingher pay.

    Now if you have another partner that wants to adopt, you may ask forher to sign her rights to the child away.

    Also no matter how bad you and I may believe killing a child is ( abortion) that is not used by the courts today showing a mother is unworthy and not relasted to the case with your child.

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