Ask Experts Questions for FREE Help !
Ask
    Ebigtime15's Avatar
    Ebigtime15 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Nov 17, 2014, 08:36 PM
    Should I file abandonment
    My child's mother left the state of Indiana the last Sunday of June. My son was 3 at the time and is 4 now. I am still paying child support while she has been gone since June. I also have her biological son as well, a 5 year old. I have raised him since she was 4 months pregnant and consider him my child and want to know what I can do about getting custody of both of them and stopping my child support.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
    Expert
    		  
    #2

    Nov 17, 2014, 08:41 PM
    Abandonment, in most states, means leaving a child with no adult supervision. These children are being supervised by you, so they have not been abandoned.

    You ou should have gone to court a while ago to file for custody and child support. Call your local family court tomorrow and they will advise you how to get the ball rolling according to the laws in your area.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #3

    Nov 17, 2014, 10:32 PM
    You do not file abandonment, you file for change of custody and for change of child support. Abandonment can be the reason you request this change.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Nov 18, 2014, 08:43 AM
    What do you think filing for abandonment will get you? As noted abandonment is not something you file for, it may be used as grounds for something else, but you don't file for it.

    Why are you paying child support and to who? You mentioned your child's mother, rather than ex wife. So I assume you were never married, but she filed for child support when your son was born. I'm also guessing that either she dropped both boys with you and disappeared or you had them for a regular visitation and she just never picked them up.

    In either case, you should have filed for full legal and physical custody of your son long ago. I would have done this after she was gone for a month, nor more that 3. The older boy is a different matter. You have no legal rights with respect to him. If you try to get custody over him, the courts are probably going to require that you find the father or other of his family members to make sure they don't object to your having custody over him.

    At the custody hearing, once you are awarded custody, you can ask that any child support order be vacated.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
    		  
    #5

    Nov 18, 2014, 10:37 AM
    Quote Originally Posted by Scottgem
    ...
    The older boy is a different matter. You have no legal rights with respect to him. If you try to get custody over him, the courts are probably going to require ...
    But in any event OP should seek an order that the mother pay him child support for both children. As it is, OP is apparently required to pay her child support for the youngest child, until the child support order is changed. Additionally, if she receives welfare, the state could seek to collect this CS obligation from him.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #6

    Nov 18, 2014, 11:01 AM
    Well it sounds like the OP doesn't know where the mother is. But that shouldn't stop him from petitioning for a child support order.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
    		  
    #7

    Nov 18, 2014, 11:27 AM
    He says he is "still paying child support", and asks about "stopping my child support". This suggests to me that the Indiana CS agency may know where she is, or is collecting CS in any event.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

How do I file for child abandonment and when can I file? [ 3 Answers ]

My name is portia and my little girl is 13 months old and her blood dad is up and gone, I still have the same address and number but he has not try to contact me at all about her... can my soon to be husband adopt her with out her blood dad having any say and with out us going to court

How do I file for abandonment? [ 6 Answers ]

I live in Clovis,NM. My daughter is five months old and her father lives in NC. He was recently "released" from the US Army because of pending sexual assault charges. He has never seen our child and I haven't seen him since the day after conception. He has never provided anything for either of us....

Where and how do I file for abandonment [ 3 Answers ]

Hello I am trying to file for abandonment My ex-girlfriend and I have a son that is now 4 years old. She left when he was 3 months old. I have never moved and never made any attempt to stop her from seeing him. She was arrested for drug trafficking. I would like to move because I have a better job...

How do I file for child abandonment and when can I file? [ 15 Answers ]

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...

How to file for abandonment? [ 4 Answers ]

I know that there are so many people on here who are trying to keep their child's father out of the child's life. This is not my case. I left my daughter's father a little over three years ago and had to go to a domestic violence shelter to get away from him because he tried to kill me. When I was...

View more questions Search