- July 2, 2024
- Posted by: legaleseblogger
- Category: Related News
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Struggling with a Difficult Custody Situation
Background and Concerns
Hello! I am new to this group, but I’m finding it challenging to locate the information I need online. My situation is as follows: my child’s father has gone 30 days without any contact – no calls, texts, FaceTime, or visits. I’m holding onto hope that we’ll reach the 90-day mark, which would allow me to file under the abandonment law. As a parent, I don’t wish for my child to lose her father, but I believe it’s essential to prioritize her emotional well-being. If I had to choose between no father or a father who only occasionally shows up, I would choose the former. I’m concerned about the potential emotional trauma my daughter might face if she has to deal with a father who only visits when it’s convenient for him, only to let her down again. I don’t want her to grow up with the expectation of someone who is unlikely to follow through on his promises.
Seeking Guidance on Abandonment Laws
My question is: if his employer is taking child support payments from his paycheck over the next 90 days, would that impact my ability to claim abandonment with the court? I’m worried that the court might consider these payments as a form of "contact" when, in reality, he’s not actively participating in his child’s life. I would like to move forward and cut ties, but I need guidance on how to navigate this situation.
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****** just grabbed a
No. He’s supporting his child and therefore has not abandoned them.
Even if you qualified for abandonment, you have to have a parent to replace him. No judge is going to allow removal of parental rights without someone who is willing to take the responsibility. A judge will see a father who pays support sometimes as a better option than no father at all.
I can tell you right now paying CS is not abandonment and you’d have to have someone willing to adopt to even be considered for taking away parental rights. My husband’s daughter’s mom is trying this right now. The judge literally and I mean literally laughed at her.
It’s easier to change custody to no visitation than it is to file for abandonment and remove rights in my state. Perhaps just removing visitation/custody is he way to go.
No. It is not child abandonment. And based on this posts tone and your aitah post your child’s challenges in life is looking you in the mirror every day just as much as her father. You are putting drama where there shouldn’t be.
Nope
No.
I know this is an older post, but I’m in Ohio and in a VERY similar situation. Father pays child support but has had no contact with our children (2 boys) since 1/28/2024. Ohio law says 90 days is abandonment, child support or not. As much as we want our children to have a relationship with their dad, we also have to protect them from the pain of their father coming in and out of their life. My best advise to you is to get a free consultation with a family lawyer….and I also want to apologize for some of the rude responses. They don’t know what women/mothers like us go through and it’s awful that we’re seen as “starting drama” when we genuinely DO have our children’s best interest at heart.