QUESTION

Is it considered abandonment if I do not let me see my child?

Asked on Feb 28th, 2012 on Child Custody - Massachusetts
More details to this question:
I have been paying child support but just have chosen not to see my child. The divorce papers say we have joint custody, can she charge me with abandonment since I have not seen my child in a few months?
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15 ANSWERS

Family Law Attorney serving Irvine, CA
Partner at Hadjian Law
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No.
Answered on May 30th, 2013 at 8:56 PM

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Abandonment in Idaho is defined as failing to maintain a normal parent child relationship or failing to support a child. Failing to see the child, maintain contact with the child, and be a father is failing to maintain a normal parent child relationship. If this continues for a significant period of time (1 year is prima facie evidence of abandonment), then the mother will have grounds to seek termination of your parental rights for abandonment. There is no criminal charge for abandonment so you cannot be "charge[d] with abandonment" but you may get your parental rights terminated.
Answered on Mar 05th, 2012 at 2:11 PM

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James Albert Bordonaro
Kansas law requires that you not have supported the child in the past 2 years. Support is now broad concept that includes money, affection, visitation, letters and other things affecting the parent child relationship. The court can disregard incidental contacts and small amounts of money if the mother wishes to terminate your rights. She can also request sole custody if you are shown to be an unfit parent.
Answered on Mar 05th, 2012 at 1:41 PM

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Insurance Defense Attorney serving Jackson, MI at Dungan, Lady & Dunga, PLLC
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There is no such thing in Michigan as a "charge of abandonment." If you choose not to exercise your custody time or parenting time, that is your prerogative. However, if you continue not to exercise the time, you run the risk of losing your right to that time in the future.
Answered on Mar 02nd, 2012 at 7:02 PM

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Roianne Houlton Conner
No she can not. As long as you pay the child support you have not abandoned the child.
Answered on Mar 02nd, 2012 at 6:06 PM

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Adoption Attorney serving Baton Rouge, LA
Partner at Esposito Law Firm
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No , but if you continue to not see your child, you Amy experience negative repercussions in the future.
Answered on Mar 02nd, 2012 at 2:33 PM

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Mediation Attorney serving Bloomfield, NJ at Cassandra T. Savoy, PC
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Parents don't abandon their children. If you want visitation, ask for it.
Answered on Mar 01st, 2012 at 9:33 PM

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Child Custody Attorney serving Charlotte, NC
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When a parent abandons a child it can make it more difficult for the parent to see the child or to get custody of the child. It can also be a reason to modify a child custody order or agreement that is already in place. Additionally, under N.C.G.S. 7B-1111, abandonment is grounds for termination of parental rights. The burden to prove abandonment is on the petitioner or movant to prove the facts justifying termination of a parent's rights by clear and convincing evidence. The bottom line is that parents who choose not to act as parents with regards to visitation and paying child support risk losing their rights as a parent. You should always consult an attorney about the specific facts of your case.
Answered on Mar 01st, 2012 at 2:28 PM

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Business/ Commercial Attorney serving Seattle, WA at Wolfstone, Panchot & Bloch, P.S., Inc.
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Under the law of Washington state, the court could find you in contempt of court for not exercising the visitation per the court ordered schedule. The Wife could also modify the court order to limit or eliminate your right to future visitation if you failed to exercise your visitation for an extended period of time. Neither of those events would terminate you obligation to pay child support.
Answered on Mar 01st, 2012 at 1:53 PM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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Generally, your question doesn't allow an answer because "abandonment" is only legally relevant to whether an adoption could be allowed over your objection. So, your ex can obviously "charge" you with abandonment, but without knowing how & why she might do that, it isn't possible to know if it means anything.
Answered on Mar 01st, 2012 at 1:16 PM

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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

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Child Custody Attorney serving Kansas City, MO at Kiske Law Office, LLC
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It is usually not a good idea to just stop seeing your child. Has the mother interfered with your visitation? If she has, you need to pursue an action against her - either a family access motion, a contempt motion or a modification. When you make an appointment to discuss this with a lawyer, you should take the judgment that is currently in place and be prepared to discuss, in detail, the reasons you are not visiting and the last time you visited.
Answered on Mar 01st, 2012 at 12:36 PM

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Immigration Law Attorney serving Hialeah, FL at Hernandez & Suarez, PL
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It would not be called abandonment and you will not lose your rights of seeing your child. However, if the case is taken in front of the judge, a judge will not see it well that you have "chosen" not to see your child. I do not know your reasons for not seeing the child, but if they are legal, you should taken them to court. At the end, the only want you are affecting is your child because he is being raised without a father. Money along does not make you a good father. It is recommended you build again a good relationship with your child for the sake of your own child, not just for legal purposes. A judge is always going to give you another chance for your relationship with the child to be rebuilt as long a you have not done anything that would put the child's health or safety in danger.
Answered on Mar 01st, 2012 at 12:36 PM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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No. If you are supporting your child financially, then you have not abandoned that child.
Answered on Mar 01st, 2012 at 12:35 PM

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Domestic Relations Law Attorney serving Dedham, MA at Alan J. Pransky
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As long as you are paying child support you have not abandoned the child. Lack of visitation is harmful to the child. However, the following argument really doesn't make sense. "He should have no visits since he hasn't visited." If the other parent wants you to visit the child, then taking away your visitation rights seems counterproductive.
Answered on Mar 01st, 2012 at 12:34 PM

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