QUESTION
Is it abandonment if my child's father does not see her or pay child support and only calls every day?
Asked on Nov 01st, 2015 on Child Custody - California
More details to this question:
The father lives in another state, he moved a year ago and has only seen her 3 times, he hasn't paid a dime in child support since our divorce was finalized. He calls every day for a few minutes but that's all. He has been arrested for assaulting me, he's stalked, beaten, and threatened me and my daughters daycare provider. We are trying to move to Idaho and my husband wants to legally adopt my daughter as he provides financially for her and has been a father in her life. I just need advice on what to do.
1 ANSWER
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Your case is challenging. Generally, abandonment is when there is no contact for a year. An argument may be made that the phone calls are nominal. You should consult with an attorney to develop a strategy that may also include trying to obtain the consent of the father to the adoption.
Answered on Nov 11th, 2015 at 9:30 AM