QUESTION
Can I file for child abandonment if the father of my kids pays child support but has never saw them?
Asked on Dec 31st, 2012 on Child Custody - Louisiana
More details to this question:
Twins will be two in January and the father hasn't met them. I have taken them to his mom/sister and still no luck. He shows no real concern for them. He took the paternity test only after I filed for child support and they located him, which took 11 months. I do not know where he actually lives but I did have his SSN. I'm trying to find out if his actions qualify for child abandonment even though he pays child support.
7 ANSWERS
Marc John Weinpel
Yes.
Answered on May 28th, 2013 at 1:09 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The father probably has "abandoned" the children, but that doesn't mean anything in a legal sense and there is nothing you can "file for" that makes any legal difference to anything.
Answered on Jan 09th, 2013 at 12:48 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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There is no abandonment in Ohio. If you are married and your spouse agrees to adopt the children, it can be done without the father's consent if he has not seen the children for 1 year. Of course, if this occurs, the father will no longer be required to pay support.
Answered on Jan 09th, 2013 at 12:47 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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What good would that do? You are still getting child support and he is out of your hair. If there is not custody order in place, you might want to ask the court to give you sole legal and physical custody based on his interest in the children. You won't be able to cut off his rights unless you have somebody willing to step in and adopt them as the father.
Answered on Jan 09th, 2013 at 12:46 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If what you are asking is whether you have grounds to seek an involuntary termination of his parental rights, you probably do. But if that happens, support will come to an end So will your twins' right to inherit from him. Find a good family lawyer for more advice and representation.
Answered on Jan 09th, 2013 at 7:14 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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One parent has left the child in the care and custody of the other parent for a period of one year without any provision for the child's support, or without communication from the parent, with the intent on the part of the parent to abandon the child." Although your facts may technically fall into the abandonment category, the process is a tough one because the court wants kids to have two parents (ie, it is easier if you had someone willing to step in and adopt). Make sure you have a sole legal/sole physical custody order.
Answered on Jan 09th, 2013 at 7:07 AM
Stanley Stephen Spring
Perhaps you should contemplate moving for sole custody or joint custody with you as primary domiciliary parent with extremely limited visitation since he takes no interest in the children. Another approach may be to move for an increase in support with the end in mind of settling by leaving support the same with obligation of visitation by him. The petition for increase in support will certainly get his attention so you should have a captive audience to hear you out about the importance of his participation in the lives of his children. Seems one would think his participation is a given, but then, as they say, normal is a setting on a Maytag washer. Hope that helps.
Answered on Jan 09th, 2013 at 6:22 AM