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what does it mean when someone files "abandonmnet" on a child

 
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  • Answered by:Joseph
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Customer Question

what does it mean when someone files "abandonmnet" on a child in the state of ky

 

Optional Information:
State/Country relating to question: Kentucky

Already Tried:
trying to retain lawyer to get a dna test and terminate child support. its not his child and the woman knows it

Submitted: 345 days and 4 hours ago.
Category: Family Law
Value: $38
Status: CLOSED
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Expert:  Joseph replied 345 days and 4 hours ago.

Abandonment in reference to a child means that the person, likely a parent, has somehow left the child. A typical scenario would involve one parent being out of the home in which the child resides and being wholly uninvolved in the child's life. Such lack of involvement would include not exercising any visitation, not calling the child, not sending cards and other such similar things.

 

While there is no bright-line rule as to how long a parent needs to be gone to have abandoned the child, it would typically involve an absence of at least a year or more.

 

Please let me know if anything requires clarification.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer replied 345 days and 3 hours ago.

ok, but the woman went to the court house and filed. What can the law do? She lives in ky and my fiance lives in il. and ilke i said before, Its not his kid. will they issue a warrent or discontinue his rights...and what about child support

Customer replied 345 days and 3 hours ago.

what can the law do when one files abandonment....i know what it is. are they going to issue a warrant, terminate his rights, does he still have to pay child support

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Expert:  Joseph replied 345 days and 3 hours ago.

Is there already an order requiring him to pay support? If so, when was it entered?

 

Who is looking to terminate his Parental Rights? Does he want that to happen?

Customer replied 345 days and 3 hours ago.

ok, this may get confusing. my fiance..dan starting dating the woman when she was already pregnant. he did sign the birth certificate because the little boy did not have a father. after they broke up she went and got the child support established, dan never went in front of a judge. since then he moved to chicago with me and in febuary the irs intercepted his tax refund for unpaid child support. he wants rights and child support terminated because he doesnt get to see the boy and HE IS NOT THE FATHER. she has also married since then. so how is this abandonment affect us

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Expert:  Joseph replied 345 days and 3 hours ago.

One thing still isn't clear....

 

Is the mother moving to terminate his parental rights?

Customer replied 345 days and 3 hours ago.

we dont know. thats why im confused about this whole filing of abandonment. does it mean she wants to terminate his rights....if his rights are terminated is he still obigated to pay child support?

Customer replied 345 days and 3 hours ago.

we dont know. thats why im confused about this whole filing of abandonment. does it mean she wants to terminate his rights....if his rights are terminated is he still obigated to pay child support?

 

maybe i should add that we have not recieved any court paper, we found out about this through family member of dan that still live in the same town as her

 

 

 

Accepted Answer

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Expert:  Joseph replied 345 days and 3 hours ago.

When allegations of abandonment are raised, it is often in reference to a termination of parental rights (TPR). In other words, you might very well be right and the mother may be seeking a TPR so that her husband can adopt.

 

As you apparently don't have the court papers yet, you need to start there. As your fiance is a party to the litigation, he clearly has an entitlement to any court pleadings. He should consider contacting the clerk of court, or the mother's attorney, to get copies of everything. If she is, in fact, seeking a TPR, then he can consent to it and resolve the matter quickly. And yes, a TPR would end his support obligation.

 

Please let me know if anything requires clarification.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Expert TypeFamily Law Attorney
Category: Family Law
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Accepts: 2842
Answered: 5/10/2012

Experience: I have over a decade of experience as a Family Law litigator

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