I have been asked this question too many time to count in the last few months. The only way a person can be charged with abandonment is if they are criminally charged for child abuse or neglect. The court cannot force any parent to exercise the parenting time he or she is entitled to under a custody/parenting time order (in a divorce decree, paternity order or subsequent order). The court can however, force a custodial parent to allow the non-custodial parent the ability to exercise his or her parenting time as ordered. Part of your child support is based on the amount of overnights you care for your child. Your ex-wife can petition the court to modify child support based on the fact that you are not exercising your parenting time, and therefore should no longer receive credit for overnights. There are certain provisions under the adoption statutes that provide specific circumstances where a parent's consent to the adoption (step-parent or otherwise) is not required. However, since you are still providing financial support to the child these do not apply. However, if you continue not to have contact with your child and get behind on child support, they may apply in the future. The only other way that I see that the "abandonment" could come up, is if DCS gets involved. Then you would get notice from DCS of their involvement and of any hearing dates. If you do not cooperate with DCS or appear at the hearings, your parental rights could be terminated. So the simple answer is no, she cannot charge you with abandonment, however, your actions do have certain consequences.
Answered on Mar 01st, 2012 at 12:55 PM