Is it considered abandonment if I do not let me see my child? - Child Custody Law Questions and Answers- LawQA.com

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

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?

Answer By Mark Petersen
Snake River Law PLLC
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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.

Answer Applies to: Idaho
Replied: 3/2/2012

Law Office of James Bordonaro
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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.

Answer Applies to: Kansas
Replied: 3/1/2012

Answer By Michael Ipson
Ipson Law Firm, PLLC
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She could allege you have abandoned the child request that the decree be modified to grant her more custody but that would be expensive and there no guarentee it would work Especially, since you have been paying support. If you want to avoid these problems go and see your child.

Answer Applies to: Utah
Replied: 3/1/2012

Answer By Michael Dungan

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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.

Answer Applies to: Michigan
Replied: 3/1/2012

Answer By John Hugger
Attorney & Counselor at Law
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It is best for you to have a relationship with your child; every child needs a father and mother. Additionally your child support payment will increase because of your failure to spend overnight parenting time with your child. Why not be a good parent to your child? Do not take your frustration with the other parent by neglecting your child! Consult with an attorney ASAP!

Answer Applies to: Colorado
Replied: 3/1/2012

Law Office of Roianne H. Conner
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No she can not. As long as you pay the child support you have not abandoned the child.

Answer Applies to: Alabama
Replied: 3/1/2012


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She can go back to court and file a modification, and have your visitation reduced if you continue to avoid visitation with your child.

Answer Applies to: Georgia
Replied: 3/1/2012

Answer By Dean Esposito

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No , but if you continue to not see your child, you Amy experience negative repercussions in the future.

Answer Applies to: Louisiana
Replied: 2/29/2012

Answer By Arlene D. Kock
Law Offices of Arlene D. Kock
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No she cannot claim abandonment. As long as you support your child and maintain some ongoing contact with your child, the mother will not be in a position to argue you should lose your parental rights.

Answer Applies to: California
Replied: 2/29/2012

Answer By Lance Salladay

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If you choose not to have a normal parental relationship with your child for 1 year it can constitute abandonment. The payment of support alone may not be sufficient to avoid a claim of abandonment.

Answer Applies to: Idaho
Replied: 2/29/2012

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