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kellimack · Apr 29, 2008, 09:06 AM

The father of my son has never had any contact with my son since he has been born. My son is now 16 months old and I wanted to know if I could file for child abandoment.

JudyKayTee · Apr 29, 2008, 09:16 AM

Originally Posted by kellimack

the father of my son has never had any contact with with my son since he has been born. My son is now 16 months old and i wanted to know if i could file for child abandoment.

A lot depends on your State but why would you even try? Take the father into Court and collect child support.

Abandonment - in most States - is less about ignoring the child and more about leaving the child home alone, with strangers, at a bus stop.

stinawords · Apr 29, 2008, 01:30 PM

It is true that in most states abandonment is defined as leaving a child uncared for such as on the side of a road or at the mall or whatever not just not having contact. However, even in the states that do consider the no contact they also take child support into consideration. Which means that not only would the father have had to not make any contact for a year (no phone calls, visits, cards, etc.) but also not a penny of support. The time varies a LITTLE but in most states it is a year.

JudyKayTee · Apr 29, 2008, 01:38 PM

Originally Posted by stinawords

It is true that in most states abandonment is defined as leaving a child uncared for such as on the side of a road or at the mall or whatever not just not having contact. However, even in the states that do consider the no contact they also take child support into consideration. Which means that not only would the father have had to not make any contact for a year (no phone calls, visits, cards, ect.) but also not a penny of support. The time varies a LITTLE but in most states it is a year.

I am always a little curious about abandonment petitions when the mother willingly gives up any chance of child support, ever. Many - if not most - do not involve an adoption so I wonder why not leave it as it is and sue for support? Is it, "You don't want to see him so I'll fix it so you can't see him?"

Many questions, few answers.

Fr_Chuck · Apr 29, 2008, 02:28 PM

Well I guess a few issues, does the father know about the child?

Has the mother went to court and got legal custody and is there child support orders in place. Esp in issues where the couple never lived together to start with and the mother has never attempted to collect child support though the courts,? So really not enough info to see where they are. If after the support has been ordered and then they follow the amount of time, ( varies by state to state)