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  1. #1

    Default Is it Child Abandonemnt if You Fail to Pay Child Support

    My question involves child abuse or neglect in the State of: TN

    So, the father of my child, hasn't paid a cent to child support in over two years. (Thousands in arrears, and already spent time in county for non payment.)The child is only seven, and only sporadically sees him, like two days out of the month. We were never married, so there is no parenting plan. Child support only exists due to me being on state assistance when I was younger.

    I was looking at TN law (36-1-102) , and noticed I could file for abandonment if no support has been paid for four months.

    i) For a period of four (4) consecutive months immediately preceding the filing of a proceeding or pleading to terminate the parental rights of the parent(s) or guardian(s) of the child who is the subject of the petition for termination of parental rights or adoption, that the parent(s) or guardian(s) either have willfully failed to visit or have willfully failed to support or have willfully failed to make reasonable payments toward the support of the child;

    What happens when this is done? How is it filed? Would it be easier since I am now married?

  2. #2
    Join Date
    Sep 2011
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    Default Re: File Child Abandonment for Non Payment of Child Support

    Is this really in your childs best interests? You are likely not going to generate much support here as it appears your goal is to alienate and replace dad.
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  3. #3
    Join Date
    Oct 2006
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    5,903

    Default Re: File Child Abandonment for Non Payment of Child Support

    Quote Quoting XxRaVeNxX
    View Post
    My question involves child abuse or neglect in the State of: TN

    So, the father of my child, hasn't paid a cent to child support in over two years. (Thousands in arrears, and already spent time in county for non payment.)The child is only seven, and only sporadically sees him, like two days out of the month. We were never married, so there is no parenting plan. Child support only exists due to me being on state assistance when I was younger.

    I was looking at TN law (36-1-102) , and noticed I could file for abandonment if no support has been paid for four months.

    i) For a period of four (4) consecutive months immediately preceding the filing of a proceeding or pleading to terminate the parental rights of the parent(s) or guardian(s) of the child who is the subject of the petition for termination of parental rights or adoption, that the parent(s) or guardian(s) either have willfully failed to visit or have willfully failed to support or have willfully failed to make reasonable payments toward the support of the child;

    What happens when this is done? How is it filed? Would it be easier since I am now married?
    Your husband would have to be willing to adopt the child in order to terminate dad's rights...and since dad does see the child regularly, even if only two days a month, there is no guarantee that you will be successful with it.

  4. #4

    Default Re: File Child Abandonment for Non Payment of Child Support

    That's considerd token visitation and considered grounds for termination...Maybe not even that, since he has never went to pursue court ordered visitation...

    The person has failed to seek reasonable visitation with the child, and if visitation has been granted, has failed to visit altogether, or has engaged in only token visitation
    http://www.state.tn.us/tccy/tnchild/36/36-1-113.htm

  5. #5
    Join Date
    Apr 2009
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    Somewhere near Canada
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    27,264

    Default Re: File Child Abandonment for Non Payment of Child Support

    So are you Mom or stepdad this time around?

    Post hx, folks.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  6. #6

    Default Re: File Child Abandonment for Non Payment of Child Support

    Doesn't matter...discussing the laws of the sitatuion.

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,264

    Default Re: File Child Abandonment for Non Payment of Child Support

    You and/or stepdad have already made up your minds. You want rid of Dad at any cost. We get that. But in these circumstances, you're really better off speaking to a local attorney.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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