What is considered abandonment by a parent?

[sexytexan1980]

I am wondering if this is abandonment? I am still married to my husband... but he left on a bus to florida on 12/23/2004. We have 2 children. He hasnt seen them since. He doesnt send any money and he doesnt call but every few months. When he does call he doesnt want to talk to the kids. He tells me he will call back and never does. I talk to his parents frequently. I am in texas and I am wondering if there is a way for me to file abandonment charges on him. I dont know how to divorce him due to the fact that I dont have clue as to where he is. All I know is that he is in Florida. No phone number or address. What do I do? THe last time I talked to him I begged him to sign over all paternal rights to me. I want my fiance to adopt them. They know him as Daddy. Not there real daddy altho they do know he is out there. They ask about him frequently. What do I do? What can I do??

[Mr. Knowitall]

Your better bet would be to wait until you have married your fiance, then if your ex- still isn't communicating or supporting the kids, petition for step-parent adoption and an associated terminaton of your ex's parental rights.

[sexytexan1980]

my ex and i arent divorced yet. He wont file and I cant afford to file myself. I have two kids that I am raising alone. I wish there was a cheaper to get divorced. LOL Its cheap to get married but not divorced.

[Mr. Knowitall]

If you're that broke, try legal aid. Or check with the court to see if you can petition to get the filing fees waived on account of indigency.

[BabyK'smommy]

Well, my niece was left with my parents and they did not know where my sister was at the time. We called DCS (social services) and they stated that it is not considered abandonment if she was left with a responsible adult. No doctors would see the baby without her mothers consent and I was told that that was not medical neglect. The state would not take the case. Go figure

[froggie]

my ex and i arent divorced yet. He wont file and I cant afford to file myself. I have two kids that I am raising alone. I wish there was a cheaper to get divorced. LOL Its cheap to get married but not divorced.

Well if you can't afford the divorce, call legal aide office in Waco, 1(800)299-5596. If you don't live in any of the counties they service, they will give you the number to someone who can help you. And no, your ex does not have to sign the divorce papers for you to be rid of him. My ex didn't sign the papers for the divorce, he didn't show up for court, he did nothing so, the judge granted the divorce anywayand gave me full costody of our son, only gave him supervised visition which he has yet to exercise(has signed over parental rights since then). The judge said something about an uncontested divorce. And actually, my divorce was cheaper for me than it was for him. Since the jerk didn't show up for court , the judge ordered that he pay attorney's fees and courts costs + pay $300 a month in child support but, he has yet to pay any of it, well it's jail time for him when they catch him . Anyway, I hope this little bit of info helps you in the very near future. Sorry I couldn't help with info for the adoption. Take care and God bless.