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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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Is it considered child abandonment when the non-custodial parent

Resolved Question:

Is it considered child abandonment when the non-custodial parent has not been in contact with the child for a year?
Submitted: 5 years ago.
Category: Family Law
Expert:  Dave Kennett replied 5 years ago.
Dear JACUSTOMER - There is not duty to have to obey a visitation order for a non custodial parent. The only thing the court will enforce is that child support be paid whether the parent visits or not. If you want to change a visitation order because of the lack of visitation by the non custodial parent you may file a motion with the court to have the visitation order changed. I'm not certain from your question what your objectives may be in this situation so I can only answer in general.
Customer: replied 5 years ago.
There is no court order as of right now. I have had my child full time since day one on 9/9/2010 His father only saw him one time when he was first born. I want to make it that I have complete Full Custody so no crap can happen later on down the road. Since he has not seen him in over a year, would I win full custody?
Expert:  Dave Kennett replied 5 years ago.

There are never 100% guarantees when it comes to court cases but from a practical standpoint I see no reason you would not be awarded full custody. If there are no court orders in effect you need to be careful allowing the father to take your child alone since if he kept the child you would have no court order to get the child returned. You need to file a motion for custody in the family law court and get a court order for custody. The father will be entitled to some visitation depending on the circumstances and he will also be ordered to pay child support. I am assuming you are not married to the father.

The court determines custody based on the best interests of the child and there would be no court I know of that would give custody to a father who has not been involved in his child's life.

Customer: replied 5 years ago.
Ok. I guess would I be able to have the courts take away his rights to our child. Since he hasn't been involved, and also he has a daughter who is 9 that lives in New York, and his rights were taken for her because he was in jail at that time. Does this information work to my advantage at all.
Expert:  Dave Kennett replied 5 years ago.
It would appear that the father is not able to care for children so obviously all of this would work in your favor. I would simply ask for custody and not worry about visitation. If he wants visitation he can apply to the court and you can ask that if he is granted any visitation that it be on a supervised basis only.
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