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Airmanswife · Feb 17, 2008, 10:32 AM

My daughter's bioligical father does not have joint legal or physical custody of her but he is ordered to pay child support. For over two years he has made no contact with me to see her but when we go to court he lies and says it's my fault that I'm keeping her from him. I want to be able to file against him for abandonment but I don't know if I have a case. My phone records would prove he has no contact with me and hasn't in over two years. He is spiteful and knows my husband who has raised her wants to adopt and he won't give up. He will not pay child support and dodges court hearings in regards to it yet the judge always takes his side when we are in the courtroom. I just want an idea of what I could do to get him to sign off or whatever it takes. I live in Arizona now but our court is still being held in Michigan where we both lived prior to my husband being stationed elsewhere. Please help!

hollylovesbrandon · Feb 17, 2008, 10:45 AM

If you can prove through phone records and such that he has not tried to see the children, maybe you can have the name changed without his consent. I am not a professional however, so don't take my word on it.

Airmanswife · Feb 17, 2008, 11:18 AM

My husband wants to adopt her but we were told her biological father either had to sign off his rights or have them terminated and to terminate we have to file abandonment I think.

ScottGem · Feb 17, 2008, 12:08 PM

Child abandonment occurs when a child is left unattended. There is no such thing as filing for abandonment in a custody case.

Its true that the bio father will have to have his rights terminated, either voluntarily or involuntarily to allow your husband to adopt. The courts take termination of parental rights (TPR) very seriously.

You need to get a better lawyer if the judge always keeps siding with the bio dad, even though he is defying the court ordered support. Have you asked him to relinquish rights? If you tell him you will forget the past due support and since he won't be responsible for future support he might agree.

Airmanswife · Feb 17, 2008, 09:59 PM

I've asked and his exact words back to me were "Is that what you want?" I answered yes and he said "Well you can't always get what you want." He is spiteful and is holding my daughter against me. I had a lawyer but she told me this was all so cut and dry that it would be a waste of my money to employ her any further.