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

    Jan 22, 2013, 12:43 AM
    What's the law in California for abandoning a child?
    My daughter is almost 9 years old and calls my husband dad now. When she has first turn one years old her biological dad and I split up and he has not been in her life ever since, not even a card for Christmas, her birthday, nothing. He has been in and out of prison since 2003. He was very abusive to me and he did it all in front of my daughter, the judge actually then ordered a stay away with zero contact to my daughter and myself.

    Almost 8 years later and he is now threatening me to find her and take her from me. He has paid no child support and my daughter doesn't even know who he is, he is a complete stranger to her.

    Is there anything I can do to keep my daughter safe from him and keep him out of her life for good? Can I get him for abandoment?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 22, 2013, 03:55 AM
    No, you can use his non contact as reasons to ask for no visits or for supervised visits.
    What is the current child visitation order in place ?
    He has little chance of taking the child, that is just threats, but he could get some level of visitation
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Jan 22, 2013, 04:08 AM
    Was a child support order ever made by a court? If not, he owes no child support.

    The law on abandonment defines child abandonment as leaving a child without any adult supervision so that doesn't apply.

    Given his history there is no way a court will allow him to take her from you. However, if he goes to court, he might be able to get some supervised visitation.

    Your best bet is to have your husband petition to adopt your daughter. This is the easiest way you can completely terminate his rights.

    I strongly suggest you contact an attorney to deal with this.

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